(영문) 서울북부지방법원 2020.04.08 2019고단4368

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.04.08 2019고단4368

야간주거침입절도

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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. At around 03:30 on May 18, 2019, the Defendant entered a multi-household house where C and D reside in Jung-gu Seoul Metropolitan Government, and the Defendant: (a) with the knowledge of female clothes in front of the entrance door in the said house, entered the door through a gate with which he had no sexual desire and had no correction for the theft thereof; and (b) with the victim C’s market value, which was 140,000 won in front of the e-heading door, the sum of the market value of the victim C-owned in the e-heading door; (c) one panty 3; and (d) one panty mat 60,000 won in total, together with the market value of the victim D-owned.

2. At around 02:21 on September 13, 2019, the Defendant entered the victim C’s residence in front of the place indicated in paragraph (1) and entered the victim C’s house in front of the flusium by the foregoing method, and placed one brush of the market value equivalent to KRW 40,000,000 in his/her house.

Accordingly, the defendant invadedd the victims' residence at night twice and stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of each statute on photographs;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and community service order is a theft of women's clothes through two times at night in order to use the defendant as a tool to satisfy his/her sexual desire. The crime of this case is a punishment as ordered in consideration of the following factors: (a) the nature of the crime is not good; (b) the victims have reached an agreement with the victims; (c) the confession of the crime and reflects the crimes; and (d) the

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