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(영문) 수원지방법원 2014.11.26 2014고단5909

야간주거침입절도등

Text

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

Reasons

Punishment of the crime

1. On August 27, 2013, from around 00:30 to 02:30, the Defendant discovered that the Defendant was in danger of opening the entrance of the victim D’s residence in Suwon-si C2, Suwon-si, Suwon-si, and invaded the victim’s residence to the inside of the victim’s residence through the said entrance, and opened a handbag under the part of the victim’s bed and laid down the wall, thereby taking cash 200,000 won in cash and one copy of the check of KRW 100,000 in cash in that place.

2. On May 4, 2014, at around 00:14, the Defendant discovered that the Defendant was in front of the residence of the Victim F in Suwon-gu E1st, Suwon-gu, Suwon-si, and found that the Defendant was in front of the Defendant’s house, and intrudes by means of inserting his hand into the victim’s residence through the said window, thereby taking one punishment on the part of the victim who was suffering from his clothes, which was the victim’s 1,50,000 won in total, including male walletss and cash 50,000 won in the market price.

3. On October 18, 2014, the Defendant: (a) opened a gate that was opened for the purpose of theft of property in Suwon-gu G, Suwon-gu, and did not correct the residence of the victim H in the lower half of the said building through a gate; and (b) sealed money and valuables by intrusion upon inside the gate; (c) however, the Defendant was discovered to the victim, who was the seat of the victim at the bed and attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of each statute of H, F, and D;

1. Relevant legal provisions concerning criminal facts and night larcenys: Violation of the attempted larceny at night under Article 330 of the Criminal Act: Articles 342 and 330 of the Criminal Act;

1. Of concurrent crimes, the fact that the victim D and F do not want the punishment of the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is favorable to the defendant.

However, if the defendant intrudes upon another person's residence during the night time for the reason that the money is needed, the crime is committed in light of the motive and method of the crime.