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(영문) 대구지방법원 서부지원 2017.01.20 2016고단1872

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six 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. On August 8, 2016, around 19:00, the Defendant infringed upon the victim’s residence by entering the victim’s house through the entrance door, which had been opened to the victim’s house, and had been opened to the victim’s residence, 209 Dong-gu 804, Seogu, Daegu-gu, Daegu-gu, 201, and 804 (the victim’s age 54).

2. The Defendant: (a) infringed upon the victim’s residence at the same time and place as set forth in paragraph (1); and (b) committed theft with eight money of net gold sales with the market price of KRW 1,440,000 in the market price owned by the victim, which was kept in the lux of the victim, in a large amount of crehion.

3. At night, around September 19:00 on September 6, 2016, the Defendant: (a) invaded upon the victim’s residence, and then intruded into the victim’s large bank through a studs door door, which was opened to the victim’s residence; and (b) stolen the victim’s cash 1.20,000 won, which was located adjacent to the head of the UAS; and (c) committed theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief for intrusion upon residence at night), 329 (a thief for intrusion), and 319 (1) (a point for intrusion upon residence and a choice for imprisonment with prison labor) of the Criminal Act concerning the crime;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that a person has been punished several times for the same crime, but has a relatively old criminal record