(영문) 춘천지방법원 강릉지원 2014.02.12 2013고단707

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(영문) 춘천지방법원 강릉지원 2014.02.12 2013고단707

야간주거침입절도등

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A defendant shall be punished by imprisonment for not more than ten 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, as a mentally handicapped person of the second degree with mental retardation disability, committed the following crimes in a state that he or she lacks the ability to discern things or make decisions.

"2013 Highest 707"

1. Around 00:50 on June 2, 2013, the Defendant: (a) opened a house of the victim D located in Gangseo-si, Gangnam-si; (b) opened a house without locking for the first time; (c) intruded into the ward; and (d) went back with one copy of the check of KRW 100,000,000, which is owned by the victim at the cooling house and under the supervision of the ward; and (d) carried out a house with KRW 1,650,000,000.

In addition, from June 2, 2013 to July 8, 2013, the Defendant owned the victims’ property at least twice through the same method, such as the list in the annexed crime list, and attempted the victims’ property at a total of three times.

Accordingly, the defendant had invaded upon the victims' residence at night, stolen property, and attempted to steals property by impairing the victims' residence or structure at night.

2. On June 20, 2013, the Defendant attempted to steal the victim’s property, but he was aware of the victim’s property and attempted to steal the victim’s property, by opening the window screen at the home of the victim F located in Gangseo-si, Gangnam-si, and having the key to the vehicle owned by the victim.

"2013 Highest 808"

1. On November 3, 2013, around 10:45 on November 3, 2013, the Defendant: (a) went into the house through the window opened in excess of the fence and infringed on the victim’s residence.

2. A thief attempted theft: (a) the Defendant intruded with the victim’s windows opened at the above date and time, and attempted to steals property by following clothes and bags located in the victim’s house; (b) but did not commit an attempted theft but did not lead to the victim’s awareness.

"2013 Highest 884"

1. The defendant entering a structure shall be a victim of the 13:00 Gangnam-si I second floor on November 17, 2013.

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