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(영문) 제주지방법원 2017.02.06 2016고단2719
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B were living together in the past.

1. Night-time theft;

A. On June 6, 2016, the Defendant: (a) intruded into the living room through the entrance that was not corrected at around 03:00, Jun. 6, 2016, 2016 at around 03:0, 300, the Defendant stolen the property of KRW 860,000,000, total market price of KRW 1,30,000,000, market price of KRW 1,000,000; and (b) the mobile phone of KRW 1,50,000,000, market price of KRW 1,000,000.

B. On June 15, 2016, the Defendant: (a) from around 01:00 to around 02:00 on June 15, 2016, entered the house through a gate that was not corrected at the place specified in a port; and (b) cut off the front door of the block, which was the victim’s possession, with one log on the left door and yellow flicker.

2. On June 12, 2016, around 02:00, the Defendant: (a) 1-A), around the place indicated in a port; (b) marbling the victim under the influence of alcohol in the street near the place indicated in a port; and (c) found one point of cash, which is the victim, and one point of handbag on the market price, in which women’s cosmetics were contained.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Investigation report (20 pages of investigation records);

1. A police seizure protocol and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of the site and damaged articles;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon residence at night) concerning the facts constituting an offense, and Article 360 (1) of the Criminal Act (a point of embezzlement of deserted articles in possession);

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 Code of the Suspension of Execution (the grounds for the following sentencing)

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