beta
(영문) 서울북부지방법원 2018.07.18 2018고단2184

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

On April 2018, the Defendant discovered that the victim E was removed from the victim’s house in front of the O house residing in Gangnam-gu Seoul Metropolitan Government around 20:00, while the victim E was living in front of the O house in Gangnam-gu, Seoul, and found the victim’s house and stolen the object by entering the above house.

As a result, the Defendant: (a) laid the pipe on the outer wall of the foregoing house, removed the toilet window, entered the house, and intrudes into the house; (b) the Defendant divided the pipe 1,50,000 won of the market price of the above house into one half of half of half of the market price of 2,000,000 won; (c) one gold-free shop in an amount equivalent to the market price of 60,000 won; (d) one gold-free shop in an amount equivalent to the market price of 1,00,000 won; and (e) 2 double of the market price of 2,000,000,000 won in the cremation and its location; and (e) 160,000,000 won of the market price of the above house and 1.6,000,000 won of the 2,000,000 won of the market price of the above house.

In addition, the Defendant stolen the victims’ property in the same way four times from Apr. 2018 to May 14, 2018, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant invadedd the victims' residence at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. C’s statement;

1. Application of Acts and subordinate statutes on police seizure records;

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. Article 333(1) of the Return Criminal Procedure Act provides that the defendant has no previous convictions for the reason of sentencing, that there is a lot of thefts, repeated crimes, that some thefts are returned to the victim due to the seizure, that the victim E, C, and F does not want the punishment of the defendant, and that the crime in [Attachment] Nos. 2 and 3 of the List of Offenses 2 and 3 is notified to the investigation agency of the fact that the defendant committed the crime first.