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(영문) 대구지방법원 서부지원 2018.08.08 2017고단3089
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2017, when the Defendant leased and resided in Daegu Seo-gu B Stud 206, around July 2017, the Defendant came to have the marina password that could remove the entrance door locks of the entire room of the said building from the head of the said house, in the course of inquiring the house owner of the above building on the wind, around July 2017.

1. On August 21, 2017, the Defendant: (a) around 04:00 on August 21, 2017, at around 30, the victim C (n, 22 years of age) located in the 20th room in the Daegu-gu Seo-gu B, Daegu-gu; (b) used the above crebs that the victim did not open, set off the entrance, and entered the entrance with the entrance using the creb number; and (c) discovered the clothes, such as female panty, etc., that was prepared in advance and launded with the subject of theft, during which the market price cannot be identified, the Defendant cited three panty panty 3 and brogate 1 in which the victim owned.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence at night.

2. The Defendant committed the crime of August 22, 2017: (a) invaded upon the victim’s residence in the same manner as the place indicated in paragraph (1) around 04:00 on August 22, 2017; and (b) cited three pantys and one brode, owned by the victim, the market price of which is unknown.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 330 of the Criminal Act concerning the crime;

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 Act on the Suspension of Execution (the fact that the defendant is against his will to commit each of the crimes in this case, that is the primary offender, that is, that he does not repeat again, such as receiving mental treatment, etc., and that in this case, the defendant does not repeat again.

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