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(영문) 서울동부지방법원 2016.12.22 2016고단3736
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2015 to May 2016, the Defendant resided in the “D” public notice board (hereinafter referred to as “public notice board”) managed by the Victim C located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “D”) from around July 2015 to around May 2016, and, due to the shortage of living expenses, caused unauthorized intrusion into the above public notice board and bring about the loss of the entrance password in custody.

1. Around 01:00 on August 29, 2016, the Defendant: (a) intruded into the front door through the open door door door; and (b) 2 and scambling and thefted the market price, which was the victim’s possession at the front door.

2. At around 01:00 on August 30, 2016, the Defendant: (a) opened a locked door by inputting the password and intruded into it; and (b) 2 of the market price, which is the victim’s possession in the main room, and stolen it.

3. On September 19, 2016, around 04:30 on September 19, 2016, the Defendant: (a) cited two parts and six parts of the common market price, which is the victim’s ownership, in the same manner as described in paragraph 2.

Accordingly, the defendant invadedd the victim's residence at night over three times in total, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C victim statement;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 330 of the Criminal Act applicable to the crime;

1. Of concurrent offenders, the punishment equivalent to the order shall be determined in consideration of the following factors: (a) although the punishment imposed under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is minor in regard to stolen goods for the reason of the punishment; (b) there was intrusion upon another person’s residence at night to impair the peace of residence; and (c) the circumstance before and after the crime of this case was committed

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