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(영문) 서울동부지방법원 2013.08.27 2012고단2217
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Damage to property;

A. At around 18:00 on August 14, 2012, the Defendant: (a) destroyed a hole of a size sufficient for the Defendant’s losses by attaching fire to the shock network installed in the above toilets windows, which was in possession of the victim C’s house toilets located in Gangdong-gu Seoul Metropolitan Government; and (b) damaged the market price of the shock network owned by the victim.

B. On August 17, 2012, at around 23:36, the Defendant destroyed a hole of a size that could be kept by hand by attaching a fire to the shock network installed at the window of the said toilet, along with a arct which was possessed before the said victim’s house, at the market price of the shock network owned by the victim.

2. A thief or attempted thief;

A. The Defendant, at the time, at the time, and at the place specified in Paragraph 1’s paragraph (a), stolen the Defendant’s hand from the victim’s panty clothes, such as panty clothes, and the market price of KRW 160,00,00, which were affected by the above toilet tamping.

B. At the date, time, and place specified in Paragraph 1(b), the Defendant, as seen above, put his hand in a hole, and attempted to steal clothes owned by the victim, but did not seem to have any clothes remaining in a bed toilet, and subsequently attempted to commit the crime.

3. On August 15, 2012, the Defendant invadedd the victim’s residence by entering the victim’s house through the gate, which was opened in the building where the victim’s house was located, into the victim’s house.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 319 (1), 329, 342 and 366 of the Criminal Act concerning the choice of criminal facts;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant repeatedly committed a crime against women to satisfy their unlawful desire; (b) the Defendant has avoided trial; (c) however, the injury is relatively minor and need to be treated; (d) the primary offender is the Defendant.

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