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(영문) 서울남부지방법원 2014.11.14 2014고단1342
야간주거침입절도
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 January 16, 2014, the Defendant was sentenced to a suspended sentence of one year in the Seoul Southern District Court for the six months of imprisonment due to fraud, etc., and the judgment became final and conclusive on the 24th of the same month.

From around 00:00 on May 17, 2013 to 04:30 on the same day, the Defendant went into the house of the victim D (the 49 years of age, women) located in Geumcheon-gu Seoul Metropolitan Government second floor C, with the cash, etc. owned by the victim, which was 2,790,000 won (the 100,00 won cashier's checks, 1,50 won paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper).

Accordingly, the defendant invadedd another person's residence at night and stolen another person's things.

Summary of Evidence

1. Partial statement of the defendant;

1. A written protocol of examination of the accused and E by prosecutors;

1. A protocol of partial police interrogation of the accused;

1. Statement of the police made to D, F, G, and H;

1. Data on the details of currencies;

1. Visual toilets and photographs of the first floor toilets;

1. Details of A's I emergency use;

1. Previous conviction: Determination as to the assertion by the defendant and his defense counsel of the Seoul Southern District Court Decision 2013 High Court Decision 4267 (Fraud, etc.) and investigation report (verification of the date of confirmation of the judgment)

1. The Defendant and his defense counsel did not have invaded upon another person’s residence at night as stated in the facts charged, and the Defendant merely acquired 24,000 won cashier’s checks, which the victim D was stolen, from the public toilets outside the J of Geumcheon-gu Seoul, Geumcheon-gu, Geumcheon-gu, Seoul, on May 2013.

2. Therefore, based on the evidence duly adopted and examined by the court of this case, the victim D was stolen from the person who intruded into the second floor of Geumcheon-gu Seoul Metropolitan Government from around 00:00 on May 17, 2013 to around 04:30 on the same day (one hundred thousand won cashier's checks, one 27,50,000 won cashier's checks, and four 10,00 won cashier's checks). ② One of the above 100,00 won cashier's checks is 27 pages.

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