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(영문) 서울중앙지방법원 2018.10.19 2018고단2441
야간주거침입절도등
Text

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

Reasons

Punishment of the crime

1. On March 16, 2018, from around 01:03 to around 03:53, the Defendant: (a) went into the house of the victim C in Seoul, which was located in Seoul, and opened a first floor door and intrudes into the victim’s son on the first floor; and (b) took care of approximately KRW 500,000,000 owned by the victim and stolen it.

2. The Defendant who intrudes upon a residence and a structure, as described in paragraph 1, went into the residence of C, and immediately after the theft of the article, was discovered to C, and entered the building that had escaped from North Korea via the three-story entrance, and went into the residence or management of another person during the escape of North Korea, with a view to following C’s tracking.

A. On March 16, 2018, around 03:53 on March 16, 2018, the Defendant intrusiond upon the residence of the victim E located in Jongno-gu Seoul Metropolitan Government, and entered the said house beyond the fence due to the thought of C, and invaded upon the E’s residence.

B. On March 16, 2018, at around 03:55, the Defendant intruded upon a structure, the victim G located in the above F was into the office managed by the victim G located in the said F, and the Defendant went into the mash and intruded into the structure managed by G.

Summary of Evidence

1. The defendant's partial statement

1. Each legal statement of witness C, E, and G;

1. On-the-spot photographs, D, F-do and CCTV-cape photographs, non-permanent CCTV images-cape photographs installed in H, CCTV images-cap photographs installed in the access, and CCTV images-cape photographs installed in each escape route do not peep into other circumstances where the Defendant intrudes upon the residence of E, and the structure managed by G. In light of the time when the offender intrudes upon the residence of C, other dwellings, buildings, distances, and ordinary traffic methods, etc., the Defendant is deemed to be the offender.

Application of Statutes

1. Relevant Article 330 of the Criminal Act and Article 319 of the Criminal Act concerning criminal facts (the thief who intrudes upon residence at night) and Article 319 of the Criminal Act (the point of intrusion upon residence and building and the election of imprisonment).

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