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(영문) 수원지방법원 2014.02.06 2013고정2947
절도등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Larceny;

A. On September 13, 2012, in order to find the victim’s pocket book at the C Apartment Underground Parking Lot of Sejong Special Self-Governing City at the victim D’s request, the Defendant, without returning the said key to the degree that it is necessary to restrain the victim’s right to dispose of the passenger car, instead of returning the said key to the degree that he/she would have avoided the victim’s right to dispose of the passenger car.

B. On September 15, 2012, around September 15, 2012, the Defendant: (a) committed theft with one passport and one head of Tong, which is the victim’s possession on a small book, set at the victim’s house No. 1 and 1208.

C. On September 17, 2012, the Defendant, at the above C apartment guard room, took one of the two keys owned by the victim D, E, from G, a security guard, and took one of the two keys owned by the victim, and took them back at the victim’s house, and did not return the said key, as described in the following 2-B, and cut it by himself without returning it.

2. Intrusion upon residence;

A. On September 15, 2012, the Defendant came to the house of the said victim D, and the victim sought money from his house, and opened a gate and intrudes upon the victim’s residence by using the said key, which was possessed by E without the victim’s consent, by using the said key.

B. Around September 17, 2012, the Defendant thought that the said place was the same as the victim D and the said place was moraled by the victim, and the evidence was found, without the victim’s consent, and opened a door by using the said G’s key and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning H's statement among the interrogation protocol of the second interrogation protocol against the defendant

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of civil petition documents;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and Article 1.

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