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(영문) 서울동부지방법원 2017.01.19 2016고단3802
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 13, 2016, at around 13:00 on June 13, 2016, the Defendant discovered one of the J7 mobilephones in Samsung Gallon, the market price of which is equivalent to KRW 3.60,00,00 among the male toilets in Gangdong-gu Seoul Olympic Games, with the victim C’s mallon.

Accordingly, the defendant stolen the victim's property.

2. On October 23, 2016, the Defendant: (a) around October 23, 2016, the Defendant: (b) opened a door in a public toilet located in the corridor in Gangdong-gu Seoul E-gu, the victim’s residence; (c) opened a door that was not corrected by creshing it; and (d) took approximately KRW 1.30,000 in cash on the wall of the victim located there.

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

3. On October 27, 2016, the Defendant: (a) at night, at the same place as indicated in the foregoing paragraph (1) around October 23, 2016, opened a door that is not corrected by creshing the victim D into a public toilet in which the victim D is in his/her corridor; (b) went into an intrusion; and (c) opened the victim’s wall and opened the victim’s wall; and (d) attempted to steal the victim’s cash, but did not commit an attempted crime.

4. In case of intrusion upon residence, theft defendant: around November 1, 2016, at the same place as described in the above 10:25, he opened a door in which the victim D is located in the public toilet in his corridor and intrudes into it, and 10,000 won in cash on the wall of the victim located there.

They brought to Korea.

Accordingly, the defendant stolen the property by intrusion upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes of each criminal place, written statement, each internal investigation report and investigation report (including attachment), each photograph, police seizure protocol, and list of seizure lists;

1. Relevant Article 330 of the Criminal Act (a thief by intrusion upon residence at night), Articles 342 and 330 of the Criminal Act (a thief by attempted intrusion upon residence at night) of the Criminal Act, and Article 329 of the Criminal Act (a thief by intention and imprisonment) concerning the crime.

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