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(영문) 대전지방법원 천안지원 2018.10.29 2018고단1595

절도등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal history] On October 27, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court’s Incheon District Court’s Branch, and on February 26, 2018, the Defendant completed the execution of the sentence in the Incheon Prison.

[2] On May 8, 2018, at around 08:24, the Defendant: (a) invadedd the victim D’s residence located in Asan City C into the house; and (b) stolen the Plaintiff’s cash amounting to KRW 800,000, Onnuri gift certificates amounting to KRW 300,000, and KRW 18,150,000, total sum of KRW 18,150,000, cash amounting to KRW 50,000, and KRW 18,150,000, which was kept in the inner bank; and (c) the Defendant stolen the Plaintiff’s cash amounting to KRW 30,00,00.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness D and E;

1. A report on the occurrence of a crime, report on internal investigation (the confirmation of CCTV around the scene), investigation report (the attachment of photographs of damaged articles and the serial number);

1. Seven copies of a photograph of a closure around the damaged field;

1. Previous conviction: Judgment on the assertion of the defendant and his defense counsel, such as the result of search by prisoners and criminal history (A)

1. Although the main point of the argument is that water takes out from the waterworks located within the victim’s residence, the victim does not intrude into the house and steals the object;

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, it can be acknowledged that the defendant invadeds the victims' residence and stolen the victims' property.

A. On May 8, 2018, the victim E worked at around 6:00 on May 8, 2018, and the victim D was working at around 8:20:00 p.m. and did not have any way at the victim’s residence on the date and time when the decision was made.

The victims' residence has been attached to the church as a single story's detached house, a wide area packed with concrete is ancillary to the church, and there is a iron fence with a height of about 1m in the vicinity of the marina, but there is no restriction device such as gate, etc.

B. The victim D shall be on May 8, 2018.