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(영문) 서울남부지방법원 2016.11.03 2016고단3160

야간주거침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

[Criminal Justice] On October 17, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for special larceny, etc. at Seoul Southern District Court on July 15, 2015 and completed the execution of the sentence.

【Criminal Facts】

At around 04:20 on January 31, 2016, the Defendant intruded into the sick room for the purpose of cutting away goods from the 6th 6th 658 illness of the D Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government. On the other hand, the Defendant stolen KRW 72,000 in cash from the wall where the victim E was suffering from the vicinity of the head of the victim.

At around 11:55 on July 11, 2016, the Defendant: (a) discovered that the Victim H was seated with the 64 pages, etc. in Yeongdeungpo-gu Seoul Metropolitan Government F, and was seated therein; and (b) discovered that the Victim H was seated out of the victim’s inner part in order to color stolen objects. However, the Defendant did not discover stolen objects but did not commit an attempted crime.

On July 13, 2016, the Defendant 2016 Godan3925, together with I, was driving by the victim K, who was parked in the roads near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul on July 13, 2016, and then was driving by the Defendant, and the said I was cut off by the following means:

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Partial statement of the police interrogation protocol of the defendant;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to E by the police;

1. Each statement of H and K;

1. CzeTV images;

1. Photographs of damaged articles;

1. Previous record: The application of a reply to criminal records, and the current expropriation status of each individual;

1. Relevant Articles 330 (Taking of thief by night) and 342 and 329 of the Criminal Act concerning criminal facts;

(1) imprisonment.