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(영문) 대구지방법원 2015.12.11 2015고단4418
주거침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. In the state that the Defendant lacks the ability to discern things or make decisions due to military register barriers caused by shock disorder, etc., the Defendant went to the house of the victim D, located in Daegu Dong-gu, from July 17, 2015 to July 14:10, 2015, and came to the house of the victim D, which was located in Daegu Dong-gu, Daegu Dong-gu, and entered the house through the opening gate, and 10,000 won in cash, keys, cellular phone, passbook, etc., which is owned by the victim.

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

2. In the state that the Defendant lacks the ability to discern things or make decisions due to military register barriers caused by shock disorder, etc., the Defendant entered the victim F’s house located in Daegu Dong-gu, from July 17, 2015 to 14:20 on the same day, and went to an open door through the open door, and carried KRW 200,000,000,000,000,000,000 won, owned by the victim in the open door.

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

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in F and D;

1. Written replys as a result of fingerprint appraisal, reports on the results of field identification, and descriptions in investigation reports (specific as the suspect);

1. Application of film-related Acts and subordinate statutes to video records (on-site damaged articles, suspect Ctv photographs, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319 (1) of the Criminal Act (the point of each intrusion upon residence), Article 329 of the Criminal Act (the point of each theft) and the choice of each fine;

1. Article 10(2) and Article 55(1)6 of the Criminal Act for the mitigation of mental illness and injury (as to each of the crimes in the market)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was punished for the larceny crime several times, and the Daegu High Court on October 17, 2013.

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