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(영문) 제주지방법원 2018.05.04 2017고단3372

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. A person who has attempted to larceny residence at night;

A. On September 10, 2017, the Defendant: (a) around 04:30 on September 10, 2017, opened a window in a ward and intruded into the house of the victim D, beyond the house of the victim D; and (b) obstructed the victim’s clothes to be stolen, but attempted on the wind, which was discovered by the victim.

B. On October 8, 2017, the Defendant, around 01:05, tried to cut off the body of the Victim F, the Victim F, Inc., 111 dong 101, 101, and attempted to cut off the body of his/her own, which he/she had been placed on the wind where the window was locked.

2. At night, on October 8, 2017, the Defendant: (a) opened a beer window and puts the arms into a part of the first floor in Seopo-dong Emblet, Simpo-dong, which was not corrected, at night; and (b) cut off with one unrecovered, the market price, which is the non-victim of the name, owned by the victim in the beeras, and two female panty panty typ, which is located in the beeras.

3. Intrusion upon residence;

A. On October 8, 2017, the Defendant: (a) around 01:10, Seopopopopo City E Loans No. 111 Dong 102, and came into the house of the Victim G, as described in paragraph (2), and opened a brush window of the relevant brupt and intrudes into the victim’s residence by putting the arms into a long-distance area.

B. On November 25, 2017, around 23:55, the Defendant entered the victim I’s house located in Gwanak-gu in Seoul Special Metropolitan City, through the entrance door and the inner door, which was not corrected and infringed on the victim’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, G, and I;

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

1. A criminal investigation report (attaching photographs of damaged articles);

1. Application of Acts and subordinate statutes to each relevant photograph and field photograph;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act on the selection of punishment (the point of larceny at night), Articles 342 and 330 (the point of attempted larceny by intrusion upon residence at night) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

1. Article 37 of the Aggravation of Concurrent Crimes Act.