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(영문) 제주지방법원 2016.12.01 2016고단1820

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At night, at around 01:30 on June 18, 2016, the Defendant: (a) invadedd the first floor of the living room in the building of Jeju City B Mando, through a window not corrected in the state of female clothes; and (b) stolen the victim’s dysium 1 punishment, which is equivalent to KRW 40,000,00 in the market price owned by the victim C; (c) one punishment for female dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium 1 and one punishment for female dysium dysium dysium dysium dysium 200,000,000 won in the market

2. On June 22, 2016, the Defendant attempted to larceny at night, and around 00:10 on June 22, 2016, came to an attempted attempt by the victim G, which was operated by the victim G, as described in the foregoing paragraph (1), following intrusion into a stolen female swimming uniform, as described in the foregoing paragraph (1), and attempted to steal goods into the building through the entrance of the building, but did not come to an attempted attempt by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of C, D, E, and F;

1. A investigation report (verification of CCTV image data and on-site investigation), on-site photographs, and photographs of CCTV image data outside the B structure;

1. Records of police seizure and list of seizure;

1. Application of statutes, such as site photographs;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant commits the crime of larceny at night, and again at the same place in the same manner, by taking the flat clothes for women, which are opened to the first floor of the room where the victims are accommodated.