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(영문) 대구지방법원 2020.02.14 2020고단228

주거침입등

Text

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

Seized evidence Nos. 2, 3, 5, 6 and 7 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On September 27, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Daegu District Court, which became final and conclusive on October 5, 2019, and is currently under suspension of execution.

【Criminal Facts】

1. On December 9, 2019, at around 08:06, the Defendant: (a) entered the victim’s residence in the middle of Daegu Suwon-gu B apartment 000 dong; (b) entered the front corridor of the entrance door of 000 where the victim C was living in the middle of the entrance by using a cresh in the joint entrance door; and (c) had one bicycle with the market price of 200,000 won, which is the victim’s ownership, from around that time to January 3, 2020; and (d) entered the victim’s residence in the middle of seven times in total as described in the attached list of crimes, and had seven bicycles equivalent to the total market price of 1,60,000 won, which is the victim’s possession.

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

2. On December 27, 2019, the Defendant: (a) around 20:55 on December 27, 2019, the Defendant came to have a bicycle equal to KRW 1.3 million at the market price, which is the victim’s possession, by entering the front corridor of the entrance door of 000 where the victim E resides, through an open cresh of the entrance door through a cresh of common entrance door.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G, H, I, J, K, and L;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act that allows the choice of punishment (influences into residence), Article 329 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act