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Reasons
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(영문) 대구지방법원 2013.12.05 2012고단7339
야간주거침입절도등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who resides in the first floor of multi-household housing located in Daegu-si Suwon-gu, and the victim C and D are two multi-households.

1. At night, the Defendant: (a) around 02:00 on September 30, 2012, the victim C: (b) opened an electric cable tightly linked to the victim’s house by means of the crepans in front of the second floor of multi-household house with no victim; (c) intruded the victim’s house by using the crepans in front of the second floor; and (d) invaded the victim’s house through the glass, and 200,000 won per annum owned by the victim; (d) 1,50,000 won per the market price owned by the victim on the floor of the living room; and (e) 1,00,000 won per son and 1,50,000 won per the market price of the victim’s house; and (e) 50,000,000 won per the victim’s crepans and 1,200,000 won per the market price of the victim’s house;

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

2. On October 16, 2012, around 04:50, the Defendant, who attempted to larceny at night, was arrested upon receiving a report from the police officer, while he teared the shock net equivalent to 30,00 won of the market price of the victim who was installed outside the glass window, and was in possession of the victim’s house in the second floor of multi-household housing where the victim D had no victim, and was able to steal the victim’s residence, and to steals the victim’s house in the second floor.

Accordingly, the defendant attempted to steal the victim's property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of each police statement related to C and D;

1. Each protocol of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of seized articles);

1. Criminal facts;

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