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(영문) 수원지방법원 2017.08.10 2017고단3908

절도등

Text

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

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

1. On May 27, 2017, the Defendant was living together with the victim F, etc., Edore Nos. 5 and 306 used as the lodging house of the said company located in Suwon-gu, Suwon-gu, Suwon-si, with the victim F, while working in C, a building outer wall installation company, and the Defendant invaded upon the victim’s residence, in order to steal the object by crebing the victim’s cresh on May 29, 2017, around 13:00 on May 29, 2017.

2. The Defendant stolen approximately KRW 100,000,000 from the victim G’s wallet, such as the relevant date and time, and at the same place, the victim F, and KRW 50,000,000 in cash from the victim G.

Summary of Evidence

1. The above accommodation (E-No. 5 Dong 306) is a space where the defendant and the victim F, etc. reside together with each other, and thus, the crime of intrusion is not established. The above accommodation (E-No. 5 Dong 306) is not established.

The argument is asserted.

However, according to this part of the facts charged, the defendant did not enter the above accommodation and the act of entering the victim's room constitutes intrusion upon residence, and even if the defendant did not have left the above accommodation at the time of the case, the defendant was not in a state.

Even if there were two rooms in the above room according to the evidence, such as the second suspect interrogation protocol against the defendant, and one of them was used as a residential space by the defendant together with G, and the remaining one was used by the victim alone, and on the day of this case, the defendant entered the room in which he had resided with G, and entered the room in order to capture stolen objects, so the victim's room can be acknowledged.