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(영문) 수원지방법원안산지원 2020.10.06 2020고단3209
야간주거침입절도등
Text

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

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On May 23, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny in the branch court of the Busan District Court, and the execution of the sentence was terminated on January 3, 2019.

【Criminal Facts】

1. On July 5, 2020, around 01:00 on July 5, 2020, the Defendant attempted to larceny at night, and the Defendant confirmed that the victim E, residing in Gangnam-gu Seoul Metropolitan Government C Apartment D, had the windows of the said residence, and subsequently, tried to steal money and valuables by taking a simple chair, going up and going up next to the said residence through the window of the shelter room located next to the said residence. However, the Defendant did not sickly enter the victim’s personal body and attempted to commit it.

Accordingly, the defendant invadedd the residence of the victim at night, and attempted to steals the property owned by the victim.

2. At night, the Defendant: (a) around 21:00 on July 18, 2020, the Defendant: (b) confirmed that the said residence was out of the interior lighting and that the windows were not locked; (c) opened and intruded into the living room windows.

In addition, the defendant opened a cremation room up to the above residence, and opened a cremation room located therein, and had 5 million won of the market value of the above victim's possession, 14K 1,80,000,000 won of the market value, 14K 1,80,000 won of the market value, and 14K macks.

Accordingly, the defendant invadedd the victim's residence at night, and stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement B and E;

1. On-site photographs, CCTV photographs to be cut, investigative reports, CCTV-cape photographs, on-site identification reports, etc.;

1. Previous convictions as stated in the judgment: Criminal history records, inquiry reports (A), one copy of the judgment, one copy of the investigation report, one copy of the investigation report (verification of the period of repeated crime), one copy of the relevant data, and one copy of the status of confinement of each individual;

1. Article 330 of the Criminal Act applicable to the crime at night, theft of residence;

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