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(영문) 광주지방법원 목포지원 2014.04.03 2013고단863
야간방실침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2013 Highest 863] The Defendant was living together in E 402 in Sinpo City E Ma as the Victim C and E friendly relationship with the Victim C. On March 5, 2013, the Defendant was able to live individually with the Victim and the Victim E.

At around 03:00 on March 11, 2013, the Defendant opened the above entrance and intruded with auxiliary heat, which had not returned by E business owners prior to E 402, and had 2.5 million won in cash, which was the victim’s possession on the part of the victim at the place, and galgal ju S2 smartphones equivalent to KRW 80,000 in the market value.

Accordingly, the defendant abused another person's room at night and stolen the victim's property.

[2014 Highest 139] The Defendant is a person subject to enlistment in active duty service, and where a person liable for military service moves his residence, he shall file a move-in report under the Resident Registration Act within 14 days.

Nevertheless, the Defendant did not make a move-in report within 14 days without justifiable grounds, even though he moved from the end of Sinpo City F to the inn of “G” located in Sinpo City F on December 2012.

Summary of Evidence

[2013 Height863]

1. Defendant's legal statement;

1. A written statement - Victims;

1. Investigation report (E business owner's search for the other party of H) (2014 high group 139);

1. Defendant's legal statement;

1. A written statement by which I is accused;

1. Application of Acts and subordinate statutes to notification of 12-18 active duty service and full-time reserve service personnel, and request for a follow-up physical examination of invalids in active duty service (2 months);

1. Relevant Article 330 of the Criminal Act and Articles 84 (2) and 69 (1) of the Military Service Act (the point of violation of the Military Service Act and the selection of fines) in relation to criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act against the provisional payment order is that the Defendant committed the instant thief without any awareness of the crime at the time of committing the instant larceny.

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