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(영문) 서울동부지방법원 2019.07.22 2019고단1861
야간주거침입절도등
Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. The crime against the victim B - The defendant, on May 13, 2019, went into a multi-household house where the victim B in Jung-gu Seoul Metropolitan Government resides in, around 13:00, in order to have two panty panty pantys in a total amount equivalent to 30,000 won of the market price owned by the victim, which is located in Jung-gu Seoul Metropolitan Government.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

2. Crimes against victims D - Residential intrusion, and night intrusion theft;

A. On April 2019, the Defendant entering a residence around 12:00 to 13:00 as of April 2019, when the victim D resides in Gangdong-gu Seoul Metropolitan Government, the Defendant entered the said house into the victim’s residence by means of an open gate with an intention to steals female panty into the said house, and invaded the victim’s residence.

B. On May 21, 2019, around May 21, 2019, the Defendant, upon entering a residence, went into the said house through an open gate with the mind of theft of female panty, and intrudes on the victim’s residence.

C. On May 22, 2019, the Defendant: (a) around 04:14 on May 2, 2019, entered the said multi-household into the said apartment house, and had five pantytys for women, the total market value of which is equivalent to 50,000 won in total, belonging to the victim, suffering from the said house as soon as possible, through an open gate.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement set forth in D and B;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act that selects punishment, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period from January to February 15;

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