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(영문) 전주지방법원 정읍지원 2014.01.28 2013고단592

절도등

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[Criminal Power] On October 19, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Daegu District Court and racing support. On August 15, 2012, the Defendant completed the execution of the sentence in Daegu Prison.

【Criminal Facts】

1. A crime against the victim C - A thief and the Defendant entering into a house of the victim at around 13:00 on October 11, 2013, with a view to stealing money from the victim’s house located in B, the Defendant opened and intruded on the bank with a view to stealing money.

The defendant continued to take 50,000 won in cash owned by the victim in the region where he had been inside and outside his place.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. Crimes against the victim E - On October 26, 2013, around 15:00, the Defendant: (a) opened a closed window that was not corrected for the purpose of stealing the house of the victim located in F at Jeong-Eup, and invaded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Previous offense: Application of Acts and subordinate statutes to criminal records, investigation records, and investigation reports (report on confirmation of repeated offense);

1. Article 329 of the Criminal Act, Article 319 (1) of the same Act, and Article 319 (1) of the same Act, the selection of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act has been punished several times for the same crime, and the defendant committed the crime of this case during the period of repeated crime for the same crime is disadvantageous to the defendant.

However, since the defendant does not have a family relation registration from the time of birth, it is practically difficult to obtain any assistance from the country such as basic livelihood supply or basic education due to the lack of identification card and resident registration.