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(영문) 광주지방법원 순천지원 2016.09.28 2016고단1477
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. At night, on November 2015, the Defendant: (a) entered into a house in which the victim D was in custody of curios, etc. during the middle of 22:00 p.m., and went into a house in custody of curios, etc.; (b) and (c) went into a tear bag with two joints in an amount equivalent to a total of 1.3 million won in the market price, and then stolen the victims’ property worth KRW 4,694,000,000 in total on 21 occasions from that time to July 4, 2016, as indicated in the list of crimes in the attached Table.

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

2. On July 26, 2016, the Defendant: (a) carried one ELMB bicycle at the market price equivalent to KRW 1,200,000,000, in the victim’s possession of the victim E, from the stairs adjacent to the 255 net university dormitory human resources at the center of the 21:30,000 city.

Accordingly, the defendant stolen the victim's property.

3. On July 27, 2016, the Defendant attempted to larceny at night, following the victim G’s house located in Macheon-si on July 23:10, 2016, entered the living room through the gate and the entrance, which was not corrected in order to steal property, and the door was opened, and the victim was discovered from the living room, and the purport was not achieved.

Accordingly, the Defendant attempted to steal property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, H, I, D, and G;

1. Each statement of J, E, A, K, L, H, M, and N;

1. A photograph of each field, a report on results of field identification, a thief photograph, a photograph of CCTV site, a damaged object photograph, a map of the scene of the case, a field photograph, and a photograph of seized object, such as a photo;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon residence at night), 329 (a thief by intention) of the Criminal Act, Articles 342 and 330 (a thief by attempted intrusion upon residence at night) of the Criminal Act, and the choice of imprisonment with prison labor.

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