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(영문) 인천지방법원 2019.10.17 2019고단5443
야간주거침입절도
Text

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

Seized evidence 2 through 5 shall be confiscated, respectively.

Reasons

Punishment of the crime

1. Around August 2, 2019: (a) around 02:15, the Defendant of night intrusion theft: (b) around August 2, 2019, around 02:15, on August 2, 2019, was behind the Dong-dong, Seo-gu Incheon, Incheon, Seo-gu apartment (Seoul) and opened a laundry window, which was installed on the outer wall of the building of the said apartment, with the victim’s 4 floors up to the 4th floor, and opened the laundry window, where the victim D live, and intrudes into the house inside the house, and then cut off one 14K lab amounting to KRW 300,000,000, market value of the victim’s ownership in the lapsy room.

2. Around 04:30 on August 2, 2019, the Defendant: (a) around 04:30 on August 2, 2019, was behind the Fdong of an apartment building as indicated in paragraph (1) on August 2, 2019; (b) around 04:30,000 won in cash within the wall owned by the victim G, who was up to 3rd floor, by means of burning the steel system construction, which was installed in the 1st floor bend, with the victim G, and the victim H, was opened as his hand, and went into the house, and then intrudes inside the house; (c) around 20,000 won in cash within the wall owned by the victim on a small fence; and (d) continuously cutting down KRW 20,000 in cash within the victim H owned by the victim under his/her supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and H;

1. Each protocol of seizure and each list of seizure;

1. Investigation reports (victim G Statements) and investigation reports (additional damage cases);

1. Application of the Acts and subordinate statutes to photographs attached to each site, such as taking photographs, each site photo, CCTV photographs, and photographs;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant confessions and reflects the crime.

There shall be no record of punishment imposed after 2009.

However, the crime of this case was stolen by intrusion on apartment at night, and it is a larceny with poor quality.

The defendant shall be punished three times for the same kind of crime.

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