(영문) 대전지방법원 2016.03.25 2015고단3383

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.03.25 2015고단3383

야간방실침입절도

Text

A defendant shall be punished by imprisonment for four months.

Seized Cheongba (No. 1) shall be returned to the victim C.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 11, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on February 24, 2015, and the judgment became final and conclusive on February 24, 2015, and is still under probation.

【Criminal Fact-finding on August 15, 2015, the Defendant opened and intruded a Mael 202 located in Seo-gu Daejeon, Daejeon, where the victim C resides, and had one set of Cheongbba and one set of 200,000 won at the market price of the victim’s possession at that location, and one set of tts equivalent to 200,000 won at the market price.

Accordingly, the Defendant invadedd the victim's room at night and stolen the victim's property.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by C by the witness in the second public trial protocol;

1. A second-time suspect examination protocol against the accused;

1. Report on occurrence of a thief incident;

1. Investigation report (in-depth CCTVs);

1. Seizure records;

1. 문자 스크린 샷

1. Previous convictions: A written reply to inquiry, such as criminal history, investigation report (the judgment of suspended execution and the judgment of the same kind of force attached to the judgment of the defendant) [the defendant did not steals the clothes of damaged articles as stated in the judgment, and the entry of the victim's room is not contrary to social rules because the victim's consent was presumed to be the premise of the victim's consent. However, the following circumstances revealed from the above evidence, i.e., the victim reported theft of damaged articles to the police immediately after the crime of this case. According to CCTV images, according to CCTV images, the defendant entered the victim's room and made a photograph of a scene where the victim's unsatisfys and unsatisfys in the boat, and entered the victim's residence for the purpose of crime, the act of theft is recognized in light of the contents of text messages

Even if it is an object of crime, it shall be null and void as a consent, and as seen above, the defendant.

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