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(영문) 대구지방법원 포항지원 2015.06.24 2015고단333
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On February 27, 2015, around 15:23, the Defendant: (a) opened a visit by the victim C in South-gu, Nam-gu, Sinpo-si B, in which the victim C had no corrected room of 212, and intrudes into the room; and (b) opened a gallon-based mobile phone of an amount equivalent to 5.30,000 won at the market price of the victim’s possession on the relevant room, and stolen it.

2. Night guards, intrusion theft;

A. On February 27, 2015, the Defendant: (a) opened a visit by the victim E located in Nam-gu, Nam-gu, Sinpo-si, in the absence of correction from 205 rooms; and (b) intruded into the room, the Defendant committed the crime against the victim E, with one bank of 30,000 won at the market price where the victim E was located, and stolen with one bank of 30,000 won at the location where the victim E was located.

B. On February 28, 2015, the Defendant: (a) opened a visit by the victim G located in Nam-gu, Southern-gu, Seoul-si, to which the victim G was accommodated at the victim G; and (b) intruded into the room and stolen the victim’s cash, KRW 100,000,000,000, which is the victim’s possession; and (c) one wall with the market value equivalent to KRW 300,000,000,000,000,000 won

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attachment of a victim's statement, etc. and a criminal investigation report (including attachment of a suspect's photograph recorded inCCTV and attachment photograph);

1. Article 330 of the Criminal Act, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion by room and the choice of imprisonment) (the point of intrusion by room) concerning criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of record of punishment for a thief crime by the defendant, the victims do not want the punishment of the defendant);

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