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(영문) 서울동부지방법원 2014.07.24 2014고단1681

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

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. Night theft;

A. On April 14, 2014, at around 23:00, the Defendant opened a entrance that was not corrected at the victim D’s house located in Gwangjin-gu Seoul Special Metropolitan City, and intruded to the inner door, and then, the Defendant possessed one driver’s license, one resident registration certificate, two credit cards, 340,000 won in cash, which is owned by the victim, from the back part of the back part of the wall bed.

B. On May 28, 2014, at around 02:30, the Defendant opened a gate which was not corrected at the victim F’s house located in Gwangjin-gu Seoul Special Metropolitan City E, and opened the door up to the house, and opened the 100,000 won of the market value of the victim’s possession, which was located on the floor, and intruded into the said house, and owned by the Defendant, one bank, five passbooks (one bank, two bank, one bank, new bank, one bank, and one bank, respectively), three credit cards (one national card, new card, one resident registration certificate, one book, and 15,000 won of the market value of the victim’s possession.

Accordingly, the defendant invadedd the victims' residence at night and stolen the property.

2. On May 2014, 2014, the Defendant: (a) he sawd on the wall in the vicinity of the “Noksan market” located in the Posi Island in Gwangjin-gu Seoul Special Metropolitan City, leading one of the cosex bicycles in the market value, which is the victim’s ownership.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of F and D;

1. Records and lists of police seizure;

1. Application of investigation reports (related to recovery of damaged articles and field of violence)-related Acts and subordinate statutes;

1. Relevant Articles 330 and 329 of the Criminal Act concerning facts constituting an offense;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on Probation