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(영문) 광주지방법원 목포지원 2018.05.04 2018고단167
특수절도등
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants intruded into the vacant houses of the former Hammyeong-gun, etc. with the middle and high school dong, and stolen money, precious metals, etc.

1. On March 6, 2018, the Defendants: (a) entered the gate opened at the victim H’s house located in Pyeongtaek-gun G around 14:00 on March 6, 2018; (b) asked the victim H to hold windows; and (c) carried 260,000 won in cash, which was opened and entered in the west Chapter, by intrusion upon the victim H’s house inside the house; and (d) went through the same method nine times from around that time to March 7, 2018, the Defendants carried 4,274,000 won in total at the market price, which is the victims’ possession, by the same method as indicated in the list of crimes in the attached Table.

Accordingly, the Defendants jointly stolen the victims' property.

2. The Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) including intrusion upon the victim H’s residence at the time and place specified in paragraph (1) in the same manner as Paragraph (1). From around that time to March 7, 2018, the Defendants infringed on the victim’s residence at nine times, such as the list of crimes in attached Form 1.

As a result, the defendants jointly intruded the victims' residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police with H;

1. Each statement;

1. Reporting on occurrence of a disaster;

1. Police seizure records and photographs of seized articles;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Relevant provisions of the Act on the Punishment of Violences, etc. and the Defendants who choose the punishment for the crime: Article 2(2)1 of the same Act, Article 319(1) of the Criminal Act (a) (a point of intrusion upon residence and choice of imprisonment), Article 331(2) and (1) of the Criminal Act (a point of special larceny);

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Protection observation;

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