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(영문) 서울남부지방법원 2017.05.23 2017고단139
야간주거침입절도
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date of the pronouncement of this judgment.

Reasons

Punishment of the crime

1. On November 9, 2016, around 01:00, the Defendant opened the 1st floor entrance of the instant house that was not corrected for the first time in the Yangcheon-gu Seoul Metropolitan Government Multi-household, and opened up to 3 floors, and entered the 4th floor through the door door door door of the 4th floor where the victim D resides.

The Defendant, as seen above, intruded into the fourth floor of multi-households, discovered the clothes for female use in front of the victim’s dwelling site as soon as possible in front of the victim’s dwelling site, and laid down the clothes for female use equivalent to 10,000 won at the market price of the victim’s possession, thereby cutting down the clothes for female use in his sexual flag.

Accordingly, the defendant invadeds on the residence of the victim and has harmed the usefulness of the victim's property.

2. On November 15, 2016, at around 01:30 of the above multi-households, the Defendant intruded into the fourth floor of the above multi-households where the victim D was living in the same way as that of the above multi-households, and discovered clothes in the laundry machine located inside the windows inside the entrance of the victim’s residence, and then cut off clothes in the market value of KRW 10,000, which is the market value of the victim’s possession through the windows.

In his or her sexual flag, he or she made self-defense.

Accordingly, the defendant invadedd the residence of the victim and harmed the utility of the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Confirmation of identity of the person who has attempted larceny, and fingerprinting written appraisal;

1. A report on investigation (verification of purchase prices of damaged goods);

1. Report on investigation (specific suspect) and report on investigation (suspect DNA appraisal request result);

1. A response to a request for appraisal (2016-H-2107), a gene appraisal report;

1. Application of Acts and subordinate statutes to report on investigation (to attach victim panty photographs);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment) o Article 366 of the Criminal Act (the point of damage to property and the choice of imprisonment);

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

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 2006Da1248, Apr

1. The community service order under Article 62-2 of the Criminal Act;

1. Bearing the costs of lawsuit;

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