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(영문) 전주지방법원정읍지원 2020.08.25 2019고단510
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a person with a mental retardation disability who lives in a village such as victim B (V, 64 years old).

1. Crimes committed while on October 2019.

A. On October 2019, the Defendant, who entered a residence, opened a gate that was not corrected in front of the victim’s house located in the Seoul Special Self-Governing City of Jeollabuk-do and entered the house warehouse, and invaded the victim’s residence.

B. The thief: (a) entered the victim’s warehouse, such as the date and time stated in paragraph (1) of Article 1; (b) entered the victim’s warehouse at the same place; and (c) cut off with things equivalent to KRW 110,00,00 in total, the market value of KRW 5,000,000 (per opening), three (5,000,000 won per market value); (d) two (e) a steel mons bag (per opening) with two (20,000 won per market value); and (e) one (e) a cell with a market value of KRW 50,000,000 in total

2. Crimes committed on November 5, 2019;

A. At around 09:05 on November 5, 2019, the Defendant entered the victim’s house after having come to the victim’s house, and entered the victim’s house, and then, entered the main entrance door with a pipe, which is a dangerous object, via the entrance, and intrudes on the victim’s residence.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

B. The Defendant: (a) committed theft with articles equivalent to KRW 7,00,000 in total, including 2,00,000, and 5,000,00 won in the market value owned by the victim and 2,00,000 won in the victim’s house at the time, place, such as the date, time, and description at the victim’s house; and (b) committed theft.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Photographs (top CCTVs of suspects, tools for committing the crimes, places for committing the crimes, and damaged articles);

1. Medical statements;

1. Application of Acts and subordinate statutes to report internal investigation (related to calculating the amount of damage inflicted on damaged articles);

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the Criminal Act concerning the crime;

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