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(영문) 광주지방법원 장흥지원 2019.08.29 2019고단135
주거침입등
Text

A defendant shall be punished by imprisonment for a term of one and half years.

Reasons

Punishment of the crime

[criminal power] On December 24, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Gwangju District Court’s support for the promotion of the head of the Gwangju District Court. On April 14, 2016, the Defendant completed the execution of the sentence.

【Criminal Facts】

1. On April 5, 2019, from around 11:00 on April 5, 2019 to around 11:35, the Defendant: (a) opened a door that was not locked from the victim C’s residence in Gangnam-gun B; and (b) invaded upon the victim’s residence.

2. The Defendant stolen two copies of the victim-owned DNA check that the victim C had been kept in a household at the time and place indicated in paragraph (1).

3. On April 7, 2019, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 11:38, 2019, the Defendant presented the victim G, an employee of the Defendant, a stolen C’s e-mail card, as described in paragraph (1), as if he were a legitimate holder; and (b) paid the payment, and (c) received tobacco, etc. equivalent to the market price of KRW 6,250 from the victim from that time.

4. From 10:37 up to 10:37, the sum of 2,534,460 won in total was acquired or pecuniary advantage in the same manner as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect against the accused by the prosecution (the first and second examination);

1. Each police statement of H and C;

1. Each statement concerning G, I, J, K, and L;

1. A theft report, investigation report (Attachment of a detailed statement of deposit transactions of the victim's damage card), investigation report (Attachment of a photograph by cutting off CCTV images inside the M convenience point), investigation report (Attachment of a photograph by cutting off the CCTV image data), investigation report (Attachment of a photograph by cutting off the OE CCTV image), investigation report (Attachment of a photograph by cutting off the 112 reported case), investigation report (Attachment of a photograph of the victim's residence); and investigation report (Attachment of a

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the fact during repeated period);

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

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