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(영문) 서울남부지방법원 2017.12.20 2017고단4604
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 12:11 on September 5, 2017, 2017, called “2017 Highest 4.604,” opened a corrected gate in Guro-gu Seoul Metropolitan Government, and went into a dried stand in the market price equivalent to KRW 50,00,000, which is the victim's possession.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

On August 24, 2017, the Defendant: (a) around 11:24, 2017, at around 201:11:24, up to the “G restaurant” in the management of the victim F (n, 57 years old) located in Guro-gu Seoul, Guro-gu, Seoul; (b) intruded into the back of the gate through an unrecied gate, and had two unrecied fluenciess in the market price, the victim’s ownership.

Accordingly, the defendant invadedd on a structure managed by the victim, and stolen the victim's property.

around 10:47 October 4, 2017, the Defendant, at the cooling house located in Guro-gu Seoul, Guro-gu, and behind the cafeteria, “I,” in the air conditioners located in the alley of the victim J on October 4, 2017, in freezing 10kg of the market value equivalent to KRW 2.80,00,000, the victim J-owned.

They go back.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and J;

1. Application of the Acts and subordinate statutes concerning photographs of on-site photographs, closure of on-site video images, and CCTV photographs;

1. Article 329 of the Criminal Act (a point of view) and Article 319 (1) of the Criminal Act (a point of view) concerning the facts constituting an offense;

1. Imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62(1) of the Criminal Act: (a) The confession and reflects the crime for sentencing; (b) there exists no other record of criminal punishment than once a fine between the last five years; (c) the victim J does not want the punishment; and (d) the circumstances leading to the crime and the degree of damage; and

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