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(영문) 전주지방법원 군산지원 2020.06.15 2020고단454
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 16, 2020, the Defendant: (a) invadedd the victim C’s residence at night from March 16, 2020 to March 30, 202; (b) did not turn on the victim’s residence; (c) did not have any person; and (d) did not intrude into the victim’s residence through a window that had not been corrected in excess of the inner wall of the gate; (d) did not bring two and 18km gates in an aggregate amount of 2 million won at the market price stored in the west of the gate; and (e) did not intrude into the victim’s residence over 2 times from March 12, 2020 to March 30, 202; and (e) did not intrude into the victim’s residence over 8,747,00 won by taking advantage of the victim’s residence over 5 times, but did not intrude into the victim’s residence over 3 times.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. On-site photographs, internal investigation reports (Evidence Nos. 5, 7, 9, 50 in the Evidence List), each CCTV photograph, each field photo, investigation report (Evidence No. 18, 20, 22, 24, 27, 29, 31, 43, 45, 52, 59, 66, 68, 69, 75, 76, 78), internal photographs of each vehicle, photographs inside the vehicle, photo of each victim E-site photograph, on-site photograph, CCTV, etc.;

1. Application of the records of seizure and the list of seizure, and the photograph of seized articles;

1. Relevant legal provisions concerning criminal facts, Articles 330 (a point of night larceny), 342 and 330 (a point of night larceny) of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The circumstances below the reasons for sentencing in Article 62-2 of the Criminal Act and the age, character and conduct of the accused.

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