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(영문) 의정부지방법원 고양지원 2016.02.18 2015고단2996

주거침입등

Text

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

Reasons

Punishment of the crime

[2] On September 12, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for an attempted special robbery in the Daejeon District Court’s Incheon District Court’s Support, and completed the execution of the sentence at a military prison on June 7, 2015.

[2015 Highest 2996]

1. On October 16, 2015, the Defendant: (a) intrusion upon the victim C’s residence and theft on October 16, 2015, when around 12:09, around the house of the victim C (53 years old) with D apartment house No. 8, 104, at the time of Pakistan, opened an apartment entrance and intrudes the victim’s residence; (b) intrusion upon the victim’s residence; and (c) remove KRW 200,000 in cash on the part of the victim’s house located within the cremation belt located inside the said area.

In addition, it was stolen.

[2015 Highest 3524]

2. On October 20, 2015, the Defendant infringed upon the victim E’s residence and the theft of the victim E at around 12:02 on October 20, 2015, and infringed upon the victim E’s house located in F apartment No. 1, 1,01, by entering the house through the unlocked Vietnam window, and then stolen the victim’s cash amounting to 36,200 won and one transportation card, and one bank, which are owned by the victim.

[2016 order 20]

3. On September 23, 2015, the Defendant intrudes the victim G into the house of the victim G of Daejeon Seodong-gu Daejeon Seodong-gu, Daejeon Sungdong-gu, about 103:00 won in cash, which is the victim’s possession, in front of the house of the victim G on September 23, 2015.

In addition, it was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, E, and G preparation;

1. Previous records as stated in each photograph and written expert opinion;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to each judgment, and current status of personal identification and confinement;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act for the crime, the choice of punishment, and Article 329 of the Criminal Act for each type of crime (a point of intrusion upon residence);

1. Selection of each sentence of imprisonment;

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

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Code that aggravated concurrent crimes is in place.