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(영문) 서울중앙지방법원 2018.09.19 2018고단3172
절도등
Text

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

Reasons

Punishment of the crime

On April 25, 2018, at around 11:40, the Defendant carried the door door of the entrance (50cm in width, 70cm in length) to enter the house of the victim D (n, 36 years of age) located in the apartment house of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 34 multi-family house, and carried the door door door door by a tool with no knowledge of the entrance door (50cm in width, 70cm in length). The Defendant carried the door door door into the house and intruded the female’s house, and carried one source door in the West-gu, which is the market price owned by the victim.

Accordingly, the defendant damaged the victim's property, intruded the victim's residence, and stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police against D;

1. In the investigation report (Scambling analysis), investigation report (Scambling CCTV verification of suspect's residence), investigation report (Scambling on the victim's house), investigation report (Scambling on the victim's house), list of seizure, list of seized articles, photograph, investigation report (Uniformd at the time of committing a crime discovered at the suspect house), site photograph, investigation report (Attachment of suspect interrogation protocol, etc. discovered at the suspect house), suspect interrogation report, investigation report (verification of suspect's statement), CCTV video, etc. / The defendant and the defense counsel asserted that the defendant and the defense counsel entered the house marina, but they did not damage the entrance in the residence of the victim on the rooftop of multi-household house, or stolen goods. However, considering the following circumstances, the facts charged by the defendant are sufficiently proven.

① On April 25, 2018 on the day of the instant case, the aggrieved party went back to the room of the instant multi-household house, which was located in the 11:20 am and around 12:24 am, and the crime of this case is committed between 11:20 am and 20 am.

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