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(영문) 춘천지방법원 영월지원 2018.03.20 2017고단555

야간주거침입절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 to 05:00 on March 25, 2014, the Defendant: (a) in front of a house where the victim C and the mother of the victim C, who is the victim C, live in the name of the victim, in front of the house where the victim’s name is unknown, stolen the victim’s clothes in front of the house; (b) invaded over the wall of the said house; (c) brought about one panty typ and one brut, the market price of which is equivalent to KRW 60,000,000, from September 5, 2017 to September 05:09, 2017, by intrusioning the victim’s residence at night over seven times in the same manner as the daily list of crimes, and thereby cutting down the clothes worth of KRW 520,000,000, total market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. On-site photographs and CCTV closure photographs;

1. A protocol of seizure and a list of seizure;

1. Investigation report (verification of the fact of additional damage to a victim C);

1. A criminal investigation report (damage photographs, etc.), and photographs of damaged articles;

1. Application of investigation reports (on-site verification of damaged articles, recovery of damaged articles, etc.), on-site photographs-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the defendant as committing each of the crimes of this case, the defendant did not receive a letter of favor from the victims, favorable circumstances, such as the fact that he/she has no record of punishment in excess of a fine, and the damage items were not recovered in entirety. The crime of this case is a disadvantageous condition, such as the defendant's age, sexual behavior, circumstances after the crime, family relation, etc., and other factors of sentencing indicated in the records, such as the defendant's age, sexual behavior, crime, family relation, etc., which were committed by intrusion upon the same house at night.