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(영문) 수원지방법원 안양지원 2018.02.08 2017고단1307
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

[2017 Highest 1307] On May 8, 2017, the Defendant: (a) opened a entrance that had not been set up in front of the first floor management office under B’s underground floor in Gunpo-si, Mapo-si, Mapo-si; and (b) intruded into the office, and then the victim C locked with the wall; (c) 500,000 won in cash owned by the victim; and (d) cut off one copy of the resident registration certificate on the market price.

[2017 Highest 2277] No person shall intermediate another person's communications or provide it for another person's communications through telecommunications services provided by a telecommunications business operator.

Nevertheless, on May 4, 2017, the Defendant opened one prepaid mobile phone heart chip (the core chip number G and service number H) in the name of the Defendant, a stock company in the name of the Defendant, and received 20,000 won in return for providing it to male in the name of the Defendant for telecommunication at around May 4, 201.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

[2017 Highest 1307]

1. Statement by the defendant in court;

1. C’s statement;

1. CCTV photograph data (2017 high group 2277);

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of Acts and subordinate statutes to an application for opening a mobile phone under A;

1. Relevant Article of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon residence at night), Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act (a point for providing another person’s communications and a choice of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of the sentencing guidelines] Night residence larceny - Night intrusion larceny - Special mitigation area (from April to January 1) for general property - In cases of intrusion upon places other than indoor residential space, (iv) the crime of violating the Telecommunications Business Act, which is not punishable.

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