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(영문) 대전지방법원 2019.01.10 2018고단3217
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 2016, the Defendant was a person who was residing in Daejeon Dong-gu B building C and was unable to pay monthly taxes, and went out of the above residence around April 30, 2018.

1. Around 18:00 on May 14, 2018, the Defendant entering a structure: (a) knew that he/she does not reside in the above B building E managed by the victim D; (b) entered the building; and (c) opened a door to which the Defendant had previously changed the entrance door number and intruded the building inside the said room for himself/herself.

2. On May 16, 2018, the Defendant: (a) around 22:00 on May 16, 2018, at night, went through the first floor window installed outside the building; (b) opened the joint entrance door of the building in his/her hand and intrudes on the inside and outside of the room; and (c) cut off two Jeju mountain b,00 won in total at the victim’s market price owned by the Defendant.

3. Around 14:00 on May 17, 2018, the Defendant: (a) went through the first floor window installed outside the building; (b) opened a joint entrance door of the building in his/her hands and intrudes into the inner room; (c) took one son and one ampamper equivalent to KRW 1,000 in the market price owned by the victim; and (d) took one ampamper and amper equivalent to KRW 10,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. G statements;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense (a point of intrusion upon a building, choice of imprisonment), Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation Act;

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