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(영문) 춘천지방법원 2019.03.26 2018고단1066

절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On December 2017, the Defendant: (a) entered the victim’s house located in Gangwon-gun B; and (b) entered the victim’s house for the purpose of putting electricity into the victim’s house by sticking electric code to the electrical contact room installed in the boiler room, and drawing electricity without the victim’s permission.

2. From January 2018 to May 2018, the Defendant stolen electricity equivalent to KRW 277,810 at the market price by sticking electricity to the Defendant’s house, which was installed in the joint boiler room of the victim C located in Gangwon-gun, Gangwon-do, Seoul, without obtaining the victim’s permission.

3. On April 13, 2018, the Defendant: (a) around 16:20 on April 13, 2018, the Defendant: (b) demanded the victim to take a portrait in front of the victim E’s house located in Seocheon-gun, Seocheon-gun to talk with the victim; (c) but (d) the victim refused it; (d) the victim refused it; and (d) destroyed the victim’s bathing room, which is a dangerous object that had existed in the surrounding area, using a studle gate, thereby damaging one window of the victim’s bathing room equivalent to KRW 35,00, market

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E, C, and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs, such as electric charges and copies of receipts, monthly charges and details of receipt, and boiler rooms at the victim’s residence;

1. Relevant legal provisions concerning criminal facts, Articles 329, 319 (1), 369 (1), and 366 (Crimes of Causing Damage to Special Property), the choice of imprisonment for a crime;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were detained due to a special injury crime, an attempted admission to residence, etc., and two years of imprisonment was sentenced to a suspended sentence of three years (the final judgment on December 29, 2017), and each of the instant crimes was committed during the suspended sentence.

As stated in its reasoning, the defendant's act of infringing on a neighbor's house and attracting a relatively long period of electricity.