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(영문) 서울동부지방법원 2020.08.19 2020고단1865

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. On November 19, 2019, the Defendant: (a) around 23:40 on November 19, 2019, the victim E, who was corrected at the bicycle storage room in front of the Gangdong-gu Seoul Metropolitan Government Da apartment Down, stolen the victim’s bicycle lock number of KRW 1,00,000 in the market price, by removing the correction device and getting off the correction device; (b) from that time until June 3, 2020, the Defendant taken a bicycle of the victims in the same manner ten times in total, as shown in the list of crimes, from that time.

Accordingly, the Defendant stolen the total amount of 8.71 million won through a total of 10 times.

2. On May 9, 2020, the Defendant: (a) around 23:34 on May 23, 2020, entered the G-dong in Gangdong-gu Seoul Metropolitan Government F apartment G-dong; (b) discovered, through the joint entrance door, the victim H’s market value equivalent to KRW 400,000,00,000 in the 11st floor corridor, which was installed in the stairs of stairs using stairs, and (c) removed the above bicycle locks from the correction device.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports on respective statements of E, B, I, J, K, L, M, N,O, P and H (the results of the execution of warrants related to Q cards);

1. Application of Acts and subordinate statutes to entries in each protocol of seizure and the list of seizure;

1. Articles 330 and 329 of the Criminal Act applicable to the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that a criminal conduct is divided, the victims' damage was returned, the victims' compensation for the damage was made to the victims, and the agreement was reached in full with the victims, the first offender, and the motive for the crime);

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed under Article 48 (1) 1 of the Criminal Act;