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(영문) 서울북부지방법원 2013.05.24 2013고단239
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From October 12, 2012, the Defendants violated the Punishment of Violences, etc. Act (joint residence) came to a lodging place where the victim E resides in the building D located in Gwangjin-gu Seoul Special Metropolitan City (301) on October 12, 2012, the Defendants came to open a door without the victim’s consent.

Accordingly, the Defendants jointly invaded another’s residence.

2. Special larceny Defendants requested the victim to passport at the above date, time, and place, but the victim refused to do so, the victim left the passport owned by the victim by crebing the toilets.

As a result, the Defendants committed a theft of another's property jointly.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The police seizure record and the list of seizure;

1. A detailed statement of the testimony of the witness F mobile phone call;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Article 331(2) and (1) of the Criminal Act (the points of concurrent larceny), Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 319(1) of the Criminal Act (the points of joint residence intrusion and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act among concurrent crimes (to the extent that the punishment is added up for concurrent crimes with the punishment heavier than that of the above two crimes)

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination as to the defendant and defense counsel's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution (the defendant is the first offender, and the degree of damage caused by the crime of this case is not severe) of the Criminal Code

1. Determination on the assertion of denial of each of the crimes in this case

(a) With respect to the alleged joint residential intrusion, victim E is merely entering the residence of E with the consent by opening a door and entering the residence of E, and the victim E is arbitrarily involved in the joint larceny.

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