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(영문) 대구지방법원 2013.11.15 2013고단951

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, assault against the victim C is committed.

Reasons

Criminal facts

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to mental disorder caused by alcohol acute addiction:

[2013 Highest951]

1. Around January 2008, the Defendant, who committed a crime against the victim D, was divorced from the victim, and the victim did not raise his awareness properly. Around January 2008, the Defendant appealed against the victim.

Around December 11, 2012, the Defendant, at around 08:40 on December 11, 2012, the victim’s house located in Daegu Suwon-gu E, sought a victim from the victim’s house to the warehouse for the foregoing reasons, and went into the victim’s market value 1, 1, 2, and 2, 2, 3. The Defendant intruded the victim’s residence, and stolen the victim’s property. (2) On December 11, 2012, the Defendant 20: (a) went into the victim’s house; (b) went into the victim’s house; (c) opened the victim’s house to walk the iron gate several times on several occasions; and (d) opened the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 1st of the 0th of the gate.

Accordingly, the defendant invadeds on the residence of the victim, and damaged the property owned by the victim, thereby impairing its utility.

3. On December 11, 2012, around 22:12, 2012, the Defendant: (a) intruded into a warehouse through the gate opened at the above location; (b) carried out two skis in an amount equivalent to KRW 1.8 million at the market price of the victim’s possession; and (c) one bicycle in an amount equivalent to KRW 200,000 at the market price of the victim’s possession in ma.

Accordingly, the defendant abused another's residence at night and stolen the property.

B. Around December 30, 2012, the Defendant committed a crime on or around December 30, 2012 to the victim for the same reason at the aforementioned place around 15:00.