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(영문) 광주지방법원 순천지원 2013.09.12 2013고단1041

야간방실침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013 Highest 1041] The Defendant intruded into a room in which he did not locked by entering the lodging facility, such as the telecom, and stolen the things of the guests.

On June 5, 2013, at around 02:30, the Defendant intruded into the 302 room by entering the “Dmoel” room located in Mayang-si, and opened one belt with a 80,000 won amounting to KRW 6.82,00,00,000 in the market value of the victim E, the market value of the victim E, which was the victim E-owned by the victim and the victim F, at around 02:30 on June 5, 2013.

Accordingly, the defendant invadedd the room occupied by people at night, and stolen the total amount of 1,530,000 won of the market price owned by the victims.

[2013 Highest 1491] On October 17, 2012, the Defendant: (a) in the first operated by the victim H located in the wife G, G, Young-si on October 17, 2012, the Defendant: (b) opened a bank in the victim’s office using the gaps in the victim’s locking place; and (c) cut off one wall, one of which contains three million won in cash owned by the victim; and (d) one million won in check.

Summary of Evidence

[2013 Highest 1041]

1. Defendant's legal statement;

1. Each statement of E and F;

1. Statement to J police officers;

1. CCTV photographs (2013 Highest 1491);

1. Defendant's legal statement;

1. A H statement;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting a crime (the points of larceny at night) and Article 329 of the Criminal Act;

1. From among concurrent crimes, consideration of the fact that a number of concurrent crimes can meet the same criminal records for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, repeated crimes committed during the period of suspended sentence for the same crime, and the fact that there is no agreement with the victims;