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(영문) 제주지방법원 2020.03.18 2019고단2479
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Night theft;

A. On September 11, 2019, around 23:50 on September 23, 2019, the Defendant: (a) entered the victim C’s residence located in Jeju City B through a cre in the cre in the house; and (b) went into the cre in the cre in the cre in the cre in the house; and (c) cut off the victim’s market price with two parts equivalent to 20,000 won

B. On September 12, 2019, the Defendant, at around 20:42, went into the victim’s residence, and intruded into the victim’s house through a crepan crepan crepan, using the crepan crepan crepan crepan, and then stolen 20,000 won of the market price owned by the victim.

C. On September 17, 2019, the Defendant, at around 19:43, went into the victim’s residence, and intruded into the victim’s house through a crepan crepan crepan, using the crepan crepan crepan crepan, and then stolen 10,000 won of the market price owned by the victim.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

2. On September 18, 2019, around 16:14, 2019, the Defendant: (a) entered a residence of the victim; (b) intruded the victim into the residence through a cresh in the house by using the cresh outside the house; and (c) stolen the victim’s market price in a mash area with 10,000 won or more of the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (the points of larceny at night), Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment);

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 62(1) of the Criminal Act is that the defendant is a mentally handicapped person, the amount of damage is not significant, and there is no agreement with the victim.

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