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(영문) 서울북부지방법원 2016.02.19 2015고단4417

상습야간주거침입절도

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

Seized evidence from the criminal defendant shall be confiscated as provided for in subparagraphs 34 through 39.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 20, 201, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on March 20, 2001, and was sentenced to two times of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), one time of robbery, one time of larceny, and one time of attempted larceny.

【Criminal facts” around February 18, 2015: (a) around February 21:25, 2015; (b) around the 3rd floor of the victim D located in Dobong-gu Seoul Metropolitan Government; and (c)

After destroying the windows of the consignment room, intrusiond into the house through the window, 500,000 won in cash in the swine storage room, which was owned by the victim, from that time to November 21, 2015, from that time with articles equivalent to 27,27,000 won in total, which are owned by the victims, from November 21, 2015, were stolen, or attempted to steals with articles equivalent to 27,27,000 won in total, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant habitually intruded the victims' residence at night and stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A written statement of the victim's self-written statement of G, H, I, J, K, L, M, N, P, Q, R, D, and S;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of reference judgment), investigation report (Attachment of copy of judgment), investigation report (verification of sunset time);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;

1. Relevant Articles 332, 330, and 342 of the Criminal Act (including provisions) concerning the facts constituting an offense;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is as follows: (a) the Defendant intrudes on another’s residence through gas pipes at night, and habitually steals or attempted another’s property; and (b) thus, the offense is bad due to an interview with the applicable law and the value of the stolen property increase; and (c) the Defendant has the same criminal history.