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(영문) 대구지방법원 2018.11.23 2018고단1174
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Intrusion upon residence, theft;

A. The Defendant from around 09:00 on January 6, 2018 to the same year

1. 8. 17:00 B’s house in Daegu Dong-gu, Daegu Dong-gu, and the victim’s house was cut off with 200,000 won and 300,000 won in cash in the market price of the victim’s house entering the small room of the victim’s house by making use of the cres that are not inside the house.

B. On February 23, 2018, from around 09:00 to around 17:00 on the same day, the Defendant committed theft with cash KRW 300,000,000, by entering the victim’s house at a small room of the victim’s house by means of the cres that the victim did not have a house.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

2. Night-time theft;

A. On February 8, 2018, from around 18:30 to around 20:30 on the same day, the Defendant committed the theft with cash 60,000 won, entering the victim’s house at a small room by means of the cres that the victim did not have a house.

B. On March 1, 2018, around 19:52, the Defendant was at the house of the above victim, and the victim was at the small room of the victim’s house by making use of the cres that the victim did not have a house, thereby cutting down the victim’s house with 170,000 won in the market price and 60,000 won in cash located within the cres.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant provisions of the Criminal Act and Article 319(1) of the Criminal Act concerning the crime, the choice of a punishment (a point of intrusion upon residence, each choice of imprisonment with prison labor), Article 329 of the Criminal Act (a point of Section 329, choice of imprisonment with prison labor), Article 330 of the Criminal Act (a point of larceny upon residence at night);

1. The reason for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes is in the dwelling of another person.

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