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(영문) 서울북부지방법원 2016.06.23 2016고단656

상습야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 1994, the Defendant was issued a summary order of KRW 500,00 by larceny, etc. at the Seoul Central District Court, and on February 17, 2005, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for larceny, etc. at the Seoul East District Court. On September 20, 2006, the Seoul Northern District Court was sentenced to five months of imprisonment with prison labor for an attempt to larceny at night, and on September 22, 2006, the said sentence became final and conclusive on September 22, 2006, and was sentenced to four months of imprisonment with prison labor for an attempt to larceny at night at the Seoul Northern District Court on May 12, 201.

On October 2015, the Defendant committed the following crimes while working in Seongbuk-gu Seoul, Dongdaemun-gu, etc., after having gone through difficulties in the preparation of living expenses while leaving the place of work on or around October 2015, and after having prepared tools for committing the crimes, such as drackers, armores, locks, etc., in preparation for the crime, the Defendant committed the following crimes.

1. On October 16, 2015, around 13:00 on October 16, 2015, the Defendant intrudes into a residence and habitually larceny: (a) when the Seongbuk-gu Seoul Metropolitan Government Branch D was located in the house of the victim D; (b) when the head of the house toilets opened the house toilets pathic flag in his/her hand; and (c) went into the victim’s house through his/her windows, and intrudes on the victim’s house; and (d) when he/she did not carry out an attempted attempt, even though he/she did not have any property

In addition, from around that time to February 16, 2016, the Defendant invadedd another’s residence on a total of six occasions, such as the list in the annexed crime list, and habitually stolen the property amounting to KRW 2,630,000 in total, five times every five times, and attempted through a single attempt.

2. On February 23, 2016, the Defendant attempted habitual intrusion theft: (a) opened a toilet window for the purpose of theft of money and goods at the house of Seongbuk-gu Seoul E 1st floor victim F, Seongbuk-gu, Seoul; and (b) intruded into the ward; (c) but did not have the intention to commit the attempted theft with the wind that is discovered by the victim.

In this respect, the Defendant above.