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(영문) 대구지방법원 2018.09.21 2018고단1126
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

On February 19, 2018, the Defendant: (a) opened a entrance that was not corrected in the crepan in which the victim D, who is the chief secretary of the office in charge of managing the second floor party, was in the middle-gu, Daegu-gu, Daegu-gu, Seoul-gu, 2018; and (b) laid down a Hun-Ga in the crepan in which the victim D, who is the chief of the office in charge of managing the second floor party, did not leave the entrance; and (c) laid down a Hun-Ga in which the said party intrudes into the said law, and 187,820 won in total in the said area, and

Accordingly, the defendant stolen the victim's property by intrusion on the structure managed by the damaged person at night.

"2018 Highest 2838"

1. On March 31, 2018, around 13:15, the Defendant infringed upon the residence of the victim F, the victim F, who was located in Busan Jung-gu, Busan, was located in the 3th floor of G 4th floor, and went to the inner bank by means of a highly opened visit, which was thought to steal the property, and invaded the victim’s residence.

2. The Defendant: (a) committed theft with one of the aforementioned dates, places, and crebs without the victim, with the cash of KRW 200,000, driver’s license, and 10,000 per annum, and 10,000 per son’s own crebs on the other crebs on the other crebs; and (b) stolen them.

Summary of Evidence

"2018 Highest 1126"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigative report (in cases of crimes, closures and seized photographs), CCTV closure photographs 2018, 2838;

1. Statement by the defendant in court;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to CCTV photographs, photographs of seized goods, and investigation reports (Attachment to photographs of places in which the victim intrudes);

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 319 (1) of the Criminal Act (a point of intrusion upon a residence, choice of imprisonment with prison labor), Article 329 of the Criminal Act (a point of section 329 of the Criminal Act, and choice of imprisonment with prison labor) concerning criminal facts;

1. The Defendant committed the instant crime by intrusion upon another person’s residence during the period of suspended execution of the same offense under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes.

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