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(영문) 부산지방법원 2020.05.18 2020고단941

야간주거침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On December 27, 2013, the Seoul High Court sentenced five years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul High Court on June 14, 2018, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on June 14, 2018. On December 19, 2019, the Defendant was sentenced to two years and six months of imprisonment with prison labor in the Busan District Court for night residence intrusion and larceny, etc., and the judgment became final and conclusive on April 18,

【Criminal Facts】

On October 14, 2019, at around 18:10 on 18:10, 2019, the Defendant: (a) moved from an elevator to a rooftop in order to steal property in a high-rise apartment complex using a cresh in which the surveillance of residents of high-rise apartment complex was neglected; (b) discovered and did not correct the above E-style rooftop room, which is the victim’s residence; and (c) intruded into the victim’s inner room through a window, which is the victim’s house, and (d) 50,000,000 won of the market price, which is the victim’s ownership on the e-line, owned by the victim on the e-line.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Statement on occurrence of a theft;

1. A statement of the F;

1. Before judgment: Application of each Act or subordinate statute to criminal records, investigation reports, investigation reports (verification of the expiration date of the execution of the sentence), and the details of case search;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of the latter part of Articles 37 and 39(1) of the Criminal Act for concurrent crimes is a crime committed during the period of repeated crime due to the same kind of crime, the nature of the crime of this case that stolen goods by intrusion upon residence at night, the fact that there was a number of penalties, etc., considering the Defendant’s unfavorable circumstances, the Defendant led to the confession of and reflect against the crime, and the fact that the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to six months in consideration of the circumstances favorable to the Defendant.