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(영문) 수원지방법원 2017.04.25 2016고단8092
야간주거침입절도등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Damage to property;

A. On September 5, 2016, at around 01:15, the Defendant: (a) considered that the victim of the front CCTV was newly installed by the victim D (22:00,000) operated by the former female-friendly job offers victim D (22:00,000, the Defendant damaged the victim’s property by forcing the victim to return CCTV owned by the victim, thereby destroying the part of the CCTV set by the victim, thereby destroying approximately KRW 315,000 for repair cost.

B. On September 9, 2016, the Defendant: (a) at the same place as at around 01:30 (a) on September 9, 2016, opened a lid of the Eracing car owned by the victim, and opened a wind hole by hand, and cut off the air entered in the string.

2. On September 9, 2016, the Defendant: (a) around 02:30 on September 9, 2016, 199: (b) around 02:30, the Defendant: (c) caused cresh in front of the Victim’s home located in Masan City F; and (d) caused gas pipes to open a shock network and to collect damages; and (d) carried one set of 20,000 won in the market price owned by the victim to be boomed and laundry.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. All on-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV repair cost statement);

1. Relevant Article 366 of the Criminal Act and Article 330 of the Criminal Act concerning the crime (the point of destroying property and selecting a punishment by imprisonment) and Article 330 of the Criminal Act (the point of larceny by intrusion at night);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Type 4 (Intrusion Larceny) basic area (one year to two years);

B. The scope of final sentences in accordance with the criteria for handling multiple crimes (from April to October) in the basic area (from April to October) Nos. 1 (property damage, etc.) and Nos. 2 and 3 (property damage).

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