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(영문) 부산지방법원 동부지원 2020.01.15 2019고단1761

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and eight months, respectively.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

A was sentenced to two years of imprisonment for special larceny, etc. at the Seoul East East District Court on February 7, 2017, and the execution of the sentence was terminated on October 11, 2018 by the Gansung Vocational Training Correctional Institution. On November 9, 2017, Defendant B was sentenced to two years and three months of imprisonment for special larceny, etc. at the Daejeon District Court on November 9, 2017, and the execution of the sentence was terminated by the Gan Prison on July 5, 2019.

1. Violation of the Punishment of Violences, etc. Act (joint residence);

A. On August 6, 2019, at around 14:05, the Defendants were in front of the office of the Victim C, Nam-gu, Busan Metropolitan City Down-gu, and were in front of the office of the Victim C, with the intention to steal property by using the cres without any people inside the office, Defendant B entered the house through the backererer and window without locking, and Defendant A entered the house through the entrance door opened by Defendant B, rather than around the house.

B. At around 14:00 on September 16, 2019, the Defendants were in front of the Victim G’s house located in the Hongcheon-gun F of the Gangwon-do, and came into the house with an mind to steal property by using the crepans without people in the house, and enter the house above the wall, and Defendant B entered the house through the back window without locking, and Defendant A went into the house through the door door opened by Defendant B more than the network around the house.

Accordingly, the Defendants jointly intruded the victims' residence two times.

2. Special larceny;

A. The Defendants No. 1-A

At the time and place of entry in the port, there are 1,30,000 won of the market price of the victim C owned by the cremation, 2,300,000 won of the market price, 4 gold bars equivalent to the market price of 1,100,000 won, 2 gold bars equivalent to the market price of 3,000,000 won, 1,000 won of the market price, 3,000,000 won of the market price, and 2,000,000 won of the market price.

B. Defendants No. 1-B

Victim G. A victim G. kept in his house at the time and place described in the paragraph.