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(영문) 의정부지방법원 고양지원 2017.01.06 2016고단2702

야간주거침입절도

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On July 10, 2016, Defendant A: (a) around 23:10, in front of the victim F’s house located in the Dong-gu, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong; (b) confirmed that the hallway-style window was removed from the house while opening, and opened the hallway-style door in the room by cutting off the shock and inserting the hand with the windows, and opened the hallway-style west in the room; and (c) one half of the back of the market price equivalent to KRW 170,000 in the market price owned by the victim; and (d) one half of the 200,000 won in the market price.

They go back.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence at night.

2. Defendant B is a person engaged in sales business of precious metals with the trade name of “H” from Manyang-si, Soyang-si.

On July 11, 2016, at around 18:42, the Defendant purchased one 10,000 won in 20,000 won in the market value of the victim F that he stolen from A.

In such cases, the person engaged in sales of precious metals has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of the seller, while checking the details of acquisition of precious metals, the motive for sales, and the price at the level of transaction prices.

Nevertheless, the Defendant acquired the above 1,80,000 Won by neglecting the judgment on the stolen water by neglecting it, and purchasing the above 1,80,000 Won by negligence.

Summary of Evidence

1. Each legal statement by the Defendants (Defendant B is on the second date)

1. A written statement;

1. Police seizure records and list of seizure;

1. A report on internal investigation ( CCTV at a place where damaged articles are sold);

1. Application of Acts and subordinate statutes to photographs of damaged place of disposal;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 330 of the Criminal Act

B. Defendant B: Articles 364 and 362(1) of the Criminal Act (elective selection)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of the community service order: Criminal Act.