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(영문) 서울동부지방법원 2019.05.02 2018고단4054
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 1, 2016, the Defendant: (a) was in front of a multi-household house located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) around the beginning and end of November 2016; (b) opened a gate jointly used by residents of the victim’s residence; (c) intrudes the victim’s residence; (d) brought panty and brue three trokes in total amounting to KRW 90,000,00 in total, from around that time to November 18, 2018; and (d) intrudes the victims’ residence over seven times in total, such as attached Table Nos. 1 and 3 through (8).

2. On October 24, 2018, the Defendant: (a) around 21:00 on October 24, 2018, the Defendant: (b) opened a gate jointly used by the residents of the victim E residing in Gwangjin-gu Seoul Special Metropolitan City; (c) intruded into the inside and outside of the gate; and (d) brought about two panty panty lines in the market price, which is the victim’s ownership, to walk.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of the F, E, G, H, and C;

1. Each written statement of I, J, K, and L;

1. Application of Acts and subordinate statutes to report on investigation (verification of sunset time);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, Selection of Imprisonment), Article 329 of the Criminal Act, Article 330 of the Criminal Act (influence of residence, Selection of Imprisonment), and Article 330 of the Criminal Act (influence of residence at night);

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under the Criminal Act;

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