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(영문) 창원지방법원 진주지원 2019.01.15 2018고단1176
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On September 6, 2018, the Defendant: (a) around 20:20 on September 6, 2018, 2018, the Defendant: (b) opened an urban gas pipe and entered the 3rd floor inside the victim’s house; (c) opened a bendro window and entered the victim’s house; (d) opened the 9 gold stuff in a cremation box with precious metal amounting to KRW 10 million in total; and (e) had precious metal amounting to KRW 8,00,000 from February 12, 2018 to September 6, 2018, the Defendant did not attempted to steals the victims’ property by intrusioning the victims’ residence at night over eight times in total, as indicated in the list of crimes, and did not commit any attempted theft.

The Defendant, “2018 Godan1256, 201,” along with his name-free boxes (F), has gathered to enter the house of another person to steal property. On May 9, 2012, around 20:30, at around 20:0, the victim H located in G in G in Kimnam-si, Kim Jong-si, the above name-free persons would take her hand over, and the Defendant got her hand over, and entered into the house beyond the victim’s house, but did not enter the house, and did not commit an attempted crime.

Accordingly, the defendant tried to steal another person's property in collaboration with the person who was not injured in his name.

Summary of Evidence

1. The defendant's legal statement "2018 Highest 1176";

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement of E and I;

1. Written statements of J, B,K, L and M;

1. Police seizure records;

1. Criminal suspect, tools, and photographs of damaged articles;

1. A report on results of field identification and on-site photographs;

1. 112 Reporting Table "2018 Highest 1256";

1. Statement of the police statement of H, N, orO;

1. Police seizure records;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to report on investigation (a photograph of place of crime);

1. Relevant Articles 30, 331 (2) and (1), and 342 of the Criminal Act concerning facts constituting an offense (a person who commits an offense at night, a person who commits a larceny at night, a person who commits a larceny at night, and a person who commits a special larceny);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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