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(영문) 창원지방법원 마산지원 2017.11.08 2017고단876 (1)

야간주거침입절도등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 02:16 on August 25, 2017, the Defendant, “2017 Highest 876,” intrusioned into the main bank through a window that was not opened up to the second floor of the victim D through Seodaemun-gu, Changwon-si, Changwon-si, Seoul, and caused the theft of KRW 40,000,00 in cash, which is the market value of the victim’s own 20,000 won.

From the same day to 03:10 on the same day, the Defendant invadedd the victims’ residence for four occasions, and stolen the total amount of KRW 1.18,00,00,000, and attempted to steal the victims’ residence on two occasions, but did not bring about an attempted crime.

"2017 Highest 972"

1. On August 18, 2017, at around 22:50, the Defendant: (a) sent OOO entertainment shop E (at around 32 years old) located in Sungsi-si, Sungsi-si; (b) but E attempted not to talk with the Defendant; (c) was able to remove the victim E-owned plastic shots from hand to repair cost of KRW 50,000.

2. Around 01:00 on August 19, 2017, the Defendant, while talking with the victim on the studio at the same place as the above 1 and 3 places, shouldered 40,000 won of the market price on the table, 40,000 won of the 5,60,000 won of the market price and 5,000 won of the table table, carried the table table repeatedly and repeatedly, and damaged the property worth 60,000 won of the market price on which the victim owned.

Summary of Evidence

1. Statement by each of the defendants in court;

1. Each police statement made to F, G, H, I, and E;

1. Written statements of D, J, K, L, and M;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs and estimates on the scene of damage;

1. Relevant Article 330 of the Criminal Act (the thief by intrusion upon residence at night), Articles 342 and 330 of the Criminal Act (the attempted charge of larceny by intrusion upon residence at night), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment) regarding criminal facts.