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(영문) 전주지방법원 2016.11.03 2016고단930
야간주거침입절도
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendants are those who became aware of in the course of serving as public interest service personnel.

Defendant

A knew on March 14, 2016, with the knowledge that he/she and the victim E keep a large amount of cash in his/her freezing room, he/she proposed to steal it to Defendant B on March 14, 2016, and the Defendants conspired to steal the victim’s house by intrusion upon other victim’s residence at night.

According to such public invitation, Defendant A, at around 12:00 on March 17, 2016, transported softens to the victim's house located in 306 dong G apartment complex G 607, YY-gu, YY-si, YY-si, and then released the locking device of the locking device on the small side of the apartment corridor of the victim following the victim's death, and then, at around 22:12 on the following day, Defendant B sent a text message to Defendant B entering the victim's house in front of the victim's house at around 23:10 on the same day, Defendant B got into the victim's house through a small room opened in advance by Defendant A, and kept the victim's house in the freezing room, with cash 180,000,000 won and 200,000,000 won, and with the total market price of the victim's house in the cooling room.

As a result, the Defendants conspired to intrude the victim's residence at night, thereby thefting property worth KRW 20 million in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

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

1. Articles 330 and 30 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing of Article 62-2 of the Criminal Act for probation and community service order is to abuse the relationship with the victim.

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