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(영문) 서울동부지방법원 2019.05.01 2018고단3944
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

1. On September 27, 2018, around 20:36, the Defendant: (a) opened and intrudeed the kitchen window for the victim C apartment E, which is the victim’s house in Songpa-gu Seoul, Songpa-gu; and (b) did not discover any money and valuables.

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

2. On October 14, 2018, at around 19:10 on October 14, 2018, the Defendant opened a bend window and intruded on the h apartment I, which is the house of the victim G located in Songpa-gu Seoul, Songpa-gu, Seoul, and brought about KRW 5,00,000 in the market price of the victim located in the west-gu, and brought about KRW 1,00,000 in the west-gu, one of which is equivalent to KRW 1,00,000 in the market price of the victim’s ownership, and 3,13,000 in the Switzerland-gu, Seoul, and KRW 123,710 in the exchange amount).

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of C and G

1. Penalty provisions: Articles 330 and 342 of the Criminal Act;

1. Concurrent Crimes: The first sentence of Article 37 and Article 38 of the Criminal Act are concurrent Crimes with the reasons for sentencing, and such concurrent crimes are not subject to the sentencing criteria but are considered to be referenced only for the attempted crimes.

[Types] Types of general property [4 types of theft] [Recommendation Field, Recommendations] Basic Field, one year to two years [general person] - Whether the detention of the defendant is accompanied by excessive difficulty to his family members,” among the positive reasons for the suspension of execution, is considered to fall under the case where the detention of the defendant entails excessive difficulty to his family members,” and the positive reasons for the suspension of execution.

The defendant thrown away all kinds of bails because it is not easy to dispose of them, and most of them are in exchange for foreign currency.

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