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(영문) 창원지방법원 2017.11.17 2017고단3001
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On June 23, 2017, at around 21:30 on June 23, 2017, the Defendant: (a) intruded the victim C and the victim D’s residence in the Gosi-si, Gosi-si, Gosi-si; (b) 2 panty 2; (c) 2; and (d) 2 panty 2; and (e) 5 panty tyty 5; and (e) the market price of the victim D owned by the victim, which is equivalent to KRW 2.50,000,000.

2. On July 23, 2017, at around 21:30, at the same place as Paragraph 1, at around 21:30, the Defendant: (a) invadedd the residence of the victims in the same manner as Paragraph 1; (b) 2 panty 2; (c) panty 2; and (d) panty 4; and (c) panty 4; and (d) panty 200,000 at the market price of the victim’s D.

3. From August 8, 2017 to August 21:20, the Defendant: (a) intruded the victim’s residence in the same place as Paragraph (1) in the manner as Paragraph (1) at the same manner as Paragraph (1); and (b) stolen two panty lines with two panty lines equivalent to KRW 20,000, the market price of the victim’s possession, which was initially opened in the dried stand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and D (Evidence Record 13-19 pages);

1. As to the Defendant’s assertion on the protocol of seizure and the list of seizure lists, the Defendant alleged to the effect that he was physically and mentally weak at the time of each of the instant crimes. However, in light of the circumstances, contents, and methods of each of the instant crimes, the evidence duly adopted and examined by the court, and the Defendant’s conduct and circumstances before and after each of the instant crimes, the Defendant was under the influence of alcohol to make a decision on the ability to discern things or make decisions.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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 (the following sentence grounds are favorable.

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