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(영문) 제주지방법원 2017.06.16 2017고단899
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. Night-time theft;

A. On January 8, 2017, the Defendant committed the crime at around 02:00, around January 8, 2017, when entering the house of 1st floor victim D located in Jeju-si, the Defendant: (a) opened a window and intrudes into the house of 1st floor victim D; and (b) stolen KRW 100,000,000,000,000,000,000,000,000,000,000 won, which were located on the cell line, located on the floor of the telephone line case, which was not corrected by entering the house through open gates.

B. On January 20, 2017, the Defendant: (a) intruded into the place indicated in paragraph 1-A around January 20, 2017, at around 02:09, in the same manner; and (b) stolen, with the sum of KRW 80,000 in cash on the inner wall and KRW 70,00 in cash on the inner wall; and (c) thefted with KRW 150,00 in cash on the inner wall, including KRW 80,00 in cash on the inner wall.

2. On January 20, 2017, the Defendant attempted to larceny at night, in front of the victim E’s house located on the second floor of the house as stated in paragraph 1-A around 03:00, the Defendant failed to open the entrance and intrude into the living room, and then used a hand-on telephone plle, which was in possession, to turn on the victim’s cell room, and then cut off the victim’s door and cut off the object to cut off on the floor of the living room, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and E;

1. All on-site photographs;

1. Application of the statutes governing the place of crime;

1. Relevant Article 330 of the Criminal Act concerning the crime (the point of larceny at night), Articles 342 and 330 of the Criminal Act (the point of attempted intrusion upon residence 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are favorable circumstances where the defendant recognized each crime, the defendant has no criminal history, and the defendant agreed with the victim of nighttime intrusion larceny.

However, each of the crimes in this case is locked by people at night.

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