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(영문) 인천지방법원 2017.03.30 2017고단869

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Incheon District Court, and completed the execution of the sentence on January 29, 2017.

On February 4, 2017, at around 08:08, the Defendant: (a) entered the victim D’s house located in Nam-gu Incheon Metropolitan City, Incheon; (b) opened a fence; (c) removed the network installed in the inner window; and invaded the house through the window; (d) removed the network; and (e) infringed upon the victim’s new world merchandise 100,000 won, 1 copy, 50,000 won, 1 copy, 50,000 won, 1,000 won, 50,000 won, at face value, of the new world merchandise 1,110,000 won, 1,000 won, 1,000 won, 1,000 won, and 50,000 won, and

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Each investigation report (the confirmation of additionally stolen stolen articles, the details of the recovery of damaged articles, hearing statements by victims, and submitting a statement of exchange transaction of suspects), and video data from CCTVs before and after committing a suspect;

1. Previous convictions: Investigation report (applicable to repeated judgments and accompanying the current status of confinement for each individual) (the accused denies the theft of gift certificates;

However, according to the evidence of the judgment, the victim's accurate land category of stolen goods, and 2 head of the enclosed bag with each gift coupon in the course of the defendant's intrusion shall take out in bulp.

The defendant, who has been abandoned on the floor of the investigation, has denied all of the crimes at the initial stage of the investigation, and can be seen as making a single confession only for the corresponding portions whenever objective evidence, such as sufficient evidence, CCTV images, UN currency exchange transactions, pictures and days, etc., are presented, and the defendant makes a statement differently from the fact of intrusion method. Thus, this part of the facts charged can be sufficiently found guilty.

Application of Statutes

1. Relevant Article 319 (1) of the Criminal Act, Article 319 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing in Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Recommendation of Sentencing) of the Aggravation of Concurrent Crimes