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(영문) 서울동부지방법원 2018.05.09 2018고단973
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Intrusion upon residence, theft;

A. On December 26, 2017, the Defendant committed a crime on December 26, 2017, when around 10:00, around December 26, 2017, at around 207, the victim E resides in the “D Public Noticecom” located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and the victim intrudes into the said room by visiting the toilet located in the locker corridor, and takes out KRW 30,00 in cash from the wall of the victim located in the head of the West-gu.

In other words, they stolen them.

B. The Defendant committed on January 4, 2018, at around 12:00, around January 4, 2018, intrudes into “D Public Notice Host” 207, which is the victim E’s residence, in the same manner as the foregoing paragraph (a) and in the same manner as the foregoing paragraph (a), and up to KRW 20,000 in cash owned by the said victim.

In other words, they stolen them.

(c)

On February 2, 2018, the Defendant intruded into “D Public Notice Telecom” 207, which is the residence of the victim E, at around 13:00 on February 2, 2018, in the same place as the above A, and in the same manner as the above A, in accordance with the foregoing paragraph (a).

In other words, they stolen them.

2. Around February 24, 2018, the Defendant infringed on a structure: (a) around 00:01, the victim F located in Gangdong-gu Seoul Metropolitan Government “D Public Notice Hostel” operated by the victim F located in Gangdong-gu Seoul Metropolitan Government; (b) opened a locked door for a locking purpose without the victim’s consent and invaded the structure managed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment (abstinence, choice of imprisonment), and Article 319 (1) of the Criminal Act (abstinence upon residence and building, point of intrusion, and choice of imprisonment);

1. Circumstances unfavorable to sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The Defendant committed each of the instant crimes during the period of suspension of execution due to intrusion upon residence at night on January 27, 2017, and in particular, at night during the period of suspension of execution due to intrusion upon residence and larceny.

D Re-entry into the Hostel.

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