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(영문) 인천지방법원 2019.10.17 2019고단5478
절도등
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 of the final judgment.

Reasons

Punishment of the crime

1. On July 15, 2019, at around 05:13, the Defendant: (a) opened a door of the vehicle with open windows for the Einna car owned by the victim D; and (b) cut off a 30,000 won of the market price owned by the victim from the bank set up at the door; (c) cut off a 360,000 won of cash within the 30,000 won; (d) a resident registration certificate; and (e) a new card.

2. Residential intrusion and theft;

A. On July 24, 2019, around 10:00 on July 24, 2019, the Defendant intruded the victim G located in the Michuhol-gu Incheon F building on the first floor through a window not locked in the residence of the victim G located in the Michuhol-gu Incheon Metropolitan City, and then stolen three of the following: (a) cash 300,000 won owned by the victim who was in a cretol room in a cretol room; (b) three microfin in the city and microfin in the city; and (c) three of the unfinite in the city.

B. On July 30, 2019, around 10:20 on July 30, 2019, the Defendant intruded the victim I’s first floor of H building located in Nam-gu Incheon Metropolitan City H building through a window that was not locked in the victim I’s residence, and then stolen the victim’s unclaimed crepancies of the market price, five unclaimed land in the market price, five land in the market price, one unclaimed land in the market, and 250,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement prepared in the I;

1. Records of seizure, the list of seized articles, photographs, etc.;

1. Investigation report (on-site chief executive officer, statement of victim, etc.);

1. Reports on occurrence of a crime, and notification to a department related to reports on 112 cases;

1. Application of the Acts and subordinate statutes to CCTVs in the site and CCTV photographs around the site and on-site CCTV photographs;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. The fact that the defendant under Article 62 (1) of the Criminal Act led to confession of the defendant, and that some of the damaged articles have been seized and the damage has been partially restored, and the defendant has been convicted.

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