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(영문) 서울동부지방법원 2019.09.09 2019고단2466
야간주거침입절도
Text

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

The victim shall be one (No. 1), one grandchild (No. 2) and one grandchild (No. 2) who has been seized.

Reasons

Criminal facts

1. On July 7, 2019, at around 01:10 on July 7, 2019, the Defendant: (a) opened a gate and opened up to three floors using stairs; (b) intruded into the house in which the victim B, etc. resides; and (c) cut off the 15,000 won in cash, which is owned by the victim, from the home located in the living room; and (d) stolen it.

2. On July 18, 2019, at least 05:00 on July 18, 2019, the Defendant got into multi-household houses where it is impossible to know whether the market price under the above half-story is unknown, and then intrudes into the house where the victim’s name was unknown through the entrance door opened at the entrance of the first floor of multi-household houses, and takes 172,000 won in cash, which is the victim’s ownership, from the front wall of a male-use shop located in the living room, and then stealss with one and one hand in which the market price cannot be known.

Accordingly, the defendant invadedd the victims' residence at night twice and stolen the property amounting to KRW 187,00.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. Each investigation report (the results of CCTV tracking in a mobile-ro - the primary and secondary primary results);

1. Report of investigation (the application of Acts and subordinate statutes to check clothes and shoes worn by a suspect at the time of committing the crime);

1. Article 330 of the Criminal Act applicable to the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for night intrusion larceny committed on July 18, 2019, which is heavier than the penalty)

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act to return victims;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief [No. 4] intrusion larceny (special person] mitigated elements for general property: The scope of recommending punishment [the scope of recommending punishment and recommending punishment] mitigated factors: Imprisonment.

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