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(영문) 서울중앙지방법원 2016.10.06 2016고단4580

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 4580]

1. At night, on June 28, 2016, the Defendant: (a) intruded into a room where the victim D was divingd, through a string door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door room in Jongno-gu Seoul, and stolen KRW 30,000 in cash inside the victim’s bank at that place.

2. At around 19:40-19:45 on July 2, 2016, the Defendant: (a) entered the victim F’s house located in Jongno-gu Seoul, Jongno-gu, Seoul, into the said victim’s house and intrudes the victim’s residence by entering the said victim’s house between the car-to-car caring on the rooftop without locking the front door; and (b) cut two copies of cash KRW 129,000 and KRW 5,000 on the wall of the victim on the face; and (c) cut down two copies of KRW 129,00 on the wall of the victim on the wall.

3. Around 16:00 on July 4, 2016, the Defendant intrusiond the victim’s house located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government by entering the victim’s house into the room through the open entrance door, and invaded the victim’s house.

[2016 Highest 5893]

4. On June 13, 2016, around 14:30 on June 13, 2016, the Defendant: (a) laid the key being kept in the gas pipes of I apartment 101 Dong 714, Seongdong-gu Seoul, by opening the entrance door of the victim J; and (b) intrudes the victim’s residence; (c) had one 18K gold-brue amounting to KRW 680,000 at the market price of the said victim’s possession, which was kept in the room TV straw; and (d) stolen it.

Summary of Evidence

[2016 Highest 4580: Facts set forth in subparagraphs 1 through 3 of the Decision]

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Written statement [2016 Highest 5893: Facts set forth in Decision 4]

1. Defendant's legal statement;

1. The police statement of J (On the other hand, the defendant suffered from mental illness such as over-fluoral disorder, etc.) from around 2005 to the recent years, has been hospitalized in a mental hospital several times while taking drugs for treatment, and related to this, it is recognized that the defendant was judged as Grade 3 of the intellectual disability.