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(영문) 대전지방법원 홍성지원 2018.12.19 2018고단855
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of a Korean nationality with a 90-day short-term employment status (C-4) and is a person who enters the Republic of Korea on August 7, 2018 and works as an employee at a several industrial enterprise located in Chungcheongnamcheon-gun, Chungcheongnam-do.

1. On August 25, 2018, the Defendant: (a) around 04:50 on August 25, 2018, the Defendant: (b) opened a gate that was not set up in front of the house of the victim D located in Chungcheongnam-gun, Chungcheongnam-gun; (c) intruded into the said house to the said house; and (d) stolen, with one J7 mobile phone and one fallon card at the time of Samsung Gallon, the market value of which was the victim’s ownership, was at the expense of KRW 200,000,000.

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

2. A person who has attempted to larceny residence at night;

A. On August 25, 2018, at around 05:20 on August 25, 2018, the Defendant: (a) stolen money and valuables from the victim F’s house located in Chungcheongnam-gun, Chungcheongnam-gun; (b) removed the shock net installed in front of the entrance by hand; (c) opened the entrance door and invaded the victim’s house, but the Defendant did not enter the victim’s house with the wind at which the inside entrance of the entrance was locked and attempted.

B. On August 25, 2018, at around 05:27, the Defendant: (a) opened a stamper door that was not locked by the Defendant’s perception of theft of money and valuables; (b) infringed upon inside the house and tamping money and valuables into the house; and (c) did not bring about an attempted attempt by the Defendant, which was frighted to the wind that could have come down to the victim, but was unfrighted by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. Reports on internal investigation (specific circumstances of the suspect);

1. A photograph of a CCTV image to be cut;

1. Report on investigation (any thief products identified at a suspect's accommodation and clothes which have been sustained at the time of committing the crime), application of Acts and subordinate statutes of photographs;

1. Relevant Articles 330 (a thief for intrusion upon residence at night), 342, and 330 (a thief for intrusion upon residence at night) of the Criminal Act concerning the crime;

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. The Criminal Act, the suspension of execution;

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