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(영문) 서울중앙지방법원 2018.01.11 2017고단8100
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Force” On October 13, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for night residence intrusion larceny at the Seoul Central District Court, and on April 25, 2017, the Seoul Southern Prison completed the execution of the sentence.

[Criminal Facts]

1. On September 29, 2017, at around 18:48, the Defendant: (a) loaded gas pipes installed on the exterior wall of the building in front of the victim’s house located in Dongjak-gu Seoul Metropolitan Government, through the inner window that was not opened up to the inner door; (b) cut off with three gold-rums, three gold balls, one gold booms, and one KON, which consist of precious metal of the total market value of KRW 2,200,000,000 in total, in front of the victim’s house located in Dongjak-gu Seoul Metropolitan Government.

2. On October 2, 2017, at around 19:00, the Defendant intruded into the inner bank through the window of a multi-purpose room that was not locked before the gathering of the victim F in Dongjak-gu Seoul, Dongjak-gu, Seoul. On October 2, 2017, the Defendant cut and stolen, with precious metal amounting to the total market value of KRW 2.85,00,000 in total, such as four, two, seven, five, and one, one, one, etc. in the inner clothes room.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Protocols of seizure (voluntary submission), list of seizure, and records and photographs of seizure;

1. Reports on internal investigation (victim's accompanying interviews), internal investigation reports (CCTV verification), internal investigation reports (victim's DNA telephone conversationss), reports on internal investigation (in response to inquiries about the personal information of detained suspects DNA), investigation reports (calculated amount of damage), and investigation reports (CTV re-verification);

1. A report on investigation (in response to the results of appraisal by the state) and the results of inquiry into the DNA personal information of the detained suspect attached thereto, and a gene appraisal report (No. 10, 12, and 13 No. 13);

1. A criminal investigation report (related to the seizure of a suspect newly discovered at the time of committing a crime) and a new photograph of the suspect attached thereto (No. 30,31 of the evidence list);

1. Gathering photographs of the site, photographs of evidence, CCTV verification, search for the surroundings of the site, and photographs of the site;

1. A previous conviction in judgment: A response to inquiries, such as criminal history, investigation report (the period of repeated crime and confirmation of the same record), inquiry of the case, and individual.

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