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(영문) 대전지방법원 천안지원 2013.10.17 2013고단1131

절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On April 22, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Daejeon District Court, and on February 2, 2012, the Defendant completed the execution of the sentence in the Incheon Prison.

【Criminal Facts】

1. On July 18, 2013, around 12:10 on July 18, 2013, the Defendant entering a residence came in front of the house, which is a victim D’s residence located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul, and tried to enter the house in order to steals the object, and opened the toilet window and enter it into the house through that space.

Accordingly, the defendant invadedd the victim's residence.

2. At around 12:10 on July 18, 2013, the Defendant entered the victim’s residence located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, as above, in two gold booms for men and women, one gold booms for young children, one gold booms for young children, and one booms for young children, and one b.3 million won in total, in a test plastic paper.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Each protocol of seizure and the list of seizure, each photograph thereof and each report on investigation;

1. Previous convictions in judgment: References to criminal records and investigation reports (written confirmation reports, such as the expiration of the term of punishment of a suspect) shall apply;

1. Relevant legal provisions concerning facts constituting an offense, Articles 319 (1) and 329 of the Criminal Act that choose a penalty (the point of intrusion upon residence), and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include three times of larceny or imprisonment with prison labor. In particular, even though the period of repeated crime at the time of the instant crime is in short of the period of repeated crime, the Defendant may not be sentenced to imprisonment with prison labor for committing the instant crime again.

However, it is ordered by taking into account the fact that the defendant committed the crime of this case at the mind that he wishes to talk with his own flag and reflects his mistake.