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(영문) 광주지방법원 2020.05.20 2019고단5652
야간주거침입절도미수등
Text

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

Reasons

Punishment of the crime

1. On August 4, 2019, the Defendant attempted to larceny at night, entered the house house through the gate opened at the house of the victim C located in Gwangju Northern-gu, Gwangju Northern-gu around 00:58, and went into the house, and subsequently, attempted to steal money and valuables by opening an unCorrection network of the living room and entering the house, which was not corrected, but did not constitute an attempted crime.

2. Intrusion upon residence;

A. The Defendant, from around 20:00 on September 18, 2018 to around 20:30 on the same day, entered the door through the first floor entrance door opened and opened a door with the victim E’s residence and intrudes on the victim’s residence.

B. On October 4, 2018, at around 00:21, the Defendant violated the victim’s residence, such as: (a) entering the victim’s gate via the first floor entrance via which the victim G is located; (b) entering the victim’s gate, and opening the victim’s gate gate and bringing the victim’s gate gate into the victim’s gate; and (c) opening the victim’s gate gate gate; and (d) opening the victim’s gate gate gate and introducing the proposal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, and G;

1. An appraisal report (written results of search);

1. Wards, photographs, etc./ Photographs;

1. The application of the provisions of Acts and subordinate statutes to the data explaining the CCTV / the data explaining the CCTV / the data explaining the CCTV / the data explaining the photographs / the data explaining the site photograph;

1. Relevant Article 342 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant intrudes into another person's residence at night and steals the body of the female in order to steals property.

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