beta
(영문) 서울북부지방법원 2015.08.12 2015고단1943

주거침입등

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On July 21, 2011, the Defendant was sentenced to two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the first prison of the Gyeongbuk-do.

【Criminal Facts” around 13:00 on February 11, 2015, the Defendant: (a) opened a studio in front of the front door of the victim E, and opened a studio that was corrected by taking back the keys in the instant house; (b) intruded into the victim’s residence; and (c) opened the said house in order to steal the goods, the Defendant did not commit an attempted crime, but did not come to the victim returned to the aftermath while displaying the living room in the said house and the kitchen in order to steal the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions indicated in his/her judgment: Records of criminal records, investigation reports (verification of the same kind of electric records, etc.), copies of judgments of 2011 High Court Decision 337, and the application of Acts and subordinate statutes of the Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 319 (1), 342, and 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] mitigated area ( August to January) of Part IV (Special Mitigation) of the Act on thief for general property. [The scope of sentence comparing the punishment with the recommended punishment of the same repeated offender who is not subject to punishment or special punishment: August to 16 (decision on Pronouncement] of the same kind (decision on Pronouncement]: the defendant was sentenced to two years of imprisonment due to habitual imprisonment and completed the execution of the sentence, and committed the instant crime, which is the same kind of crime, during the period of repeated crime; the defendant attempted to steals by intrusion upon another person’s residence; the defendant committed a theft; the defendant is not bad in quality; the defendant was sentenced to punishment seven or more times due to the same crime; and the defendant does not have fingerprints.