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(영문) 청주지방법원 2019.08.14 2019고단1200
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. At around 19:00 on October 201, 2017, the Defendant: (a) went to the house of the Victim C located in Heung-gu, Chungcheongnam-gu; (b) went to the house of the Victim C; (c) then, (d) opened the window of the Vietnamed glass window and the inner living room, which was not locked, and intruded into the inner bank; and (d) cut off 5,90,000 won of the market value of the victim’s ownership in the cremation, by cutting out one net gold pole at one KRW 1,09,00,000, the market value of which is equivalent to 70,000 won.

2. On December 2, 2017, at around 19:00 on the date, the Defendant: (a) went to the house of the Victim E located in Heung-gu, Chungcheongnam-gu; (b) entered the house above the fence; and (c) opened a back door of the building, which was not locked by the back of the building; and (d) intruded into the living room, thereby cutting down KRW 50,000 in cash owned by the victim on the floor of the living room.

3. On February 15, 2018, around 19:00 on February 15, 2018, the Defendant came to the house of the victim C as indicated in paragraph (1), and attempted to steal property by opening a Vietnamed glass window and rupture into the inner cell, and rupture it did not lead to an attempted attempt, when the window of the inner cell was locked.

4. Around 19:00 on February 17, 2018, the Defendant came to the house of the Victim G located in the Heung-gu Seoul Metropolitan Government, Cheongju-si, and entered the house and opened the entrance door to steal the property, and went to the door, and did not bring the Defendant’s attempt to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, G, and E;

1. Application of the Acts and subordinate statutes on the scene of a crime, such as Ctv-faging photographs, photo at the scene of the crime, and description of each suspect;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the fact of larceny at night), Articles 342 and 330 of the Criminal Act (the fact of attempted larceny at night);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (eventime theft) (a decision of type).

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