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(영문) 인천지방법원 부천지원 2015.12.23 2015고단2910

야간주거침입절도

Text

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

A seized farm rope (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2013, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Vice-Support of the Incheon District Court, and completed the execution of the sentence at the Incheon Detention Center on December 18, 2013.

【Criminal Facts】

On October 30, 2015, at around 18:45, the Defendant: (a) laid the pipes up to the Hancheon-gu, Seocheon-si, Seocheon-si, and went into the said C building by opening a bend window of 401, and intrusion up to the house; (b) installed one bag, one sheet, one sheet, one sheet, one sheet, one sheet, one sheet, one hundred thousand won right, one hundred thousand won right, and one set up on a small door, which is the age of wind door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Entry into the protocol of seizure;

1. Statement during sunrise and after sunset;

1. Previous records of judgment: Application of the relevant Acts and subordinate statutes stated in the results of the search of prisoners, criminal records, references to criminal records, and criminal investigation reports (Attachment of judgment on a suspect-related case);

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommending punishment / [Article 48 (1) 1] mitigated area (Article 4 (1) [Article 4 (4)] mitigated area (Article 8-1-6) [Special Mitigation] [Article 4] mitigated area (Article 8-1-6] : The defendant led to the crime of this case without being aware of the fact that the defendant led to a confession of the crime of this case, and his mistake is divided. The damage of this case was recovered and the victim did not want the punishment against the defendant: The crime of this case was committed by intrusion upon another person's residence at night, and the crime of this case was committed in this case without being aware of the fact that the defendant had been already punished for the same kind of crime under similar Acts, and the defendant was a repeated offender due to other crimes.