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(영문) 광주지방법원 2018.01.11 2017고단4825
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Each crime on October 4, 2017 (Ordinance 4825)

A. On October 4, 2017, the Defendant illegally used the vehicle by driving the vehicle at the 5-day temporary owner of the Young-gun, Young-gun, South Yong-gun, Seoul, 100-25, with the 13 tons tank 13 tons of tank lorri, owned by the victim limited company Young-gun, at the 5-day temporary owner of Young-gun, Young-gun, Seoul, and the Defendant temporarily used the vehicle without the victim’s consent, by driving the vehicle on the road located in Young-gun, Young-gun, Nam-gun, Seoul, by 13:00 on the same day, from around 13:0 to the 13:0 of the same day.

B. From October 4, 2017, the Defendant: (a) around 06:10 on October 4, 2017, 199: (b) around 06:10, the Defendant: (c) boarded the stairs from the entrance door of the first floor, which was not opened up to the house of the victim E in Young-gun C2, south Yong-gun; (d) went into the said 2nd floor; and (e) went into the said 30,000 won of the market price, which was the victim’s possession of the steel structure, was stolen.

2. On October 16, 2017, the Defendant used the said car temporarily without the victim’s consent by driving the car at a new site located in the North Sung-gun, South Sung-gun, North Korea, at around 13:30 on October 16, 2017, by discovering the passenger car of the victim F at the parking lot of the Yang-dong community service center located in the 200 way from the Seo-gu, Gwangju, Seo-gu, Gwangju, Seo-gu, about October 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement prepared in H and E;

1. Investigative report (the change in the rate of intrusion upon residence at night to larceny);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (the occupation of larceny at night) and Article 331-2 of the Criminal Act (the illegal use of automobiles and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria:

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