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(영문) 광주지방법원 2019.03.28 2019고단376
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. At night, around 21:00 on December 15, 2018, the Defendant: (a) went into a house where the Victim C resides in Mayang-si B; (b) opened a string door door and intruded into the house; and (c) opened a string door, which was not corrected by entering the string door; and (d) carried KRW 3,000,000 in total of the market price owned by the victim; and (b) carried KRW 90,000 in cash.

Accordingly, the defendant invadeds on residence at night and stolen the property owned by the victim.

2. Around 20:00 on December 20, 2018, the Defendant: (a) fell under “multi-family housing” F, in which the victim E is residing in F, the victim E, who was on the floor of the corridor, destroyed the hallway by miling the crime prevention window; and (b) invaded into the house; and (c) taken the cash of KRW 600,000 on the part of TV, which was placed on the top of TV line by using any cresh that was located on the floor; and (d) taken 600,000 UN and 35,000 UN on the part of TV.

Accordingly, the defendant stolen the property owned by the victim by damaging the door, the wall, and a part of the structure at night, and by impairing the residence.

3. At around 15:00 on December 27, 2018, the Defendant: (a) opened a gate that was not corrected and entered into the house; and (b) took 500,000 won in cash owned by the victim and 140,000 won in cash owned by the victim, which was located in a bank inside of a sexual harassment.

In addition, from around that time to January 15, 2019, the Defendant invadedd the victims’ residence at least eight times in total, as shown in the attached list of crimes, and stolen the total amount of 8,918,000 property owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement to I and J;

1. Application of the respective laws and regulations of K, L, C, M, H, N,O, and E;

1. Relevant Article 330 of the Criminal Act and Article 331 of the Criminal Act concerning criminal facts, the choice of punishment (the occupation of larceny at night)

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