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(영문) 대구지방법원 김천지원 2013.08.28 2013고단721
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intrusion upon residence;

가. 피고인은 2013. 5. 11. 19:30경 구미시 B건물 706호에 있는 피해자 C의 집에 찾아가 출입문 도어락에 기재된 ‘D’의 전화번호를 보고 열쇠집에 전화하여 “내가 706호 집주인인데, 부인이 바람나서 아래쪽 도어락을 바꿔놨으니 이를 다시 교체해 달라”고 말하여 도어락을 교체한 후 출입문을 열고 피해자의 집 거실 및 안방까지 침입하였다.

B. On May 16, 2013, around 06:48, the Defendant opened an entrance and intruded into the said victim’s house room with the keys that was in possession of the vehicle heading 706 at the same time.

2. The Defendant damaged property at the time and place indicated in the first paragraph (a), and on the ground that the said victim, who had livedd with the Defendant seven years prior to the Defendant, was able to escape the contact of the Defendant, 11 bonds and clothing 30 punishment, etc., which were in the victim’s house, were in the victim’s house, on a voluntary basis, damaged property equivalent to 6.7 billion won at the market price

3. The Defendant: (a) stolen the victim’s house located in the victim’s house room at the time and place specified in paragraph (1)-B; and (b) stolen the victim’s house with one pactonism equivalent to two million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (in relation to City/Do to which the residence of a suspect A is reinfilled, and attaching on-site photographs);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act, despite the existence of a new family relationship with the defendant, in light of the motive, circumstance, and attitude of the crime, such as intrusion upon the victim who was a female living together in the past, the crime liability is not exceptionally imposed. However, it was destroyed by intrusion upon the residence.

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