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(영문) 서울남부지방법원 2018.01.11 2017고단5267

야간주거침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal history] On October 28, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for night residence intrusion larceny at Seoul Southern District Court (Seoul Southern District Court) and on April 29, 2017, up to eight times of larceny crime records, such as termination of the execution of the sentence.

[Criminal facts]

1. On August 29, 2017, around 08:18, around August 29, 2017, the Defendant: (a) opened a gate in front of the Victim E’s home located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and (b) intruded into the Victim’s home boiler room; (c) went back with the market price of the victim’s clothes, books, newspapers, and new shoes.

Accordingly, the defendant invadedd the residence of the victim and stolen the property owned by the victim.

2. On September 1, 2017, around September 23:52, 2017, the Defendant: (a) opened a gate in front of the victim G’s house located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) opened a gate that was not corrected by means of theft; (c) invaded before the victim’s house; and (d) invaded the victim’s house before the front of the gate; and (d) carried the victim’s water duty 1 boxes and 110,000 won at the market price.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Report on internal investigation (related to the analysis of data on video recording at the scene of occurrence) and investigation report (related to the crimes of suspects);

1. Previous convictions: A written reply to inquiry, such as criminal history, judgment of the same kind, summary order and application of Acts and subordinate statutes concerning the acceptance of individuals;

1. Relevant Article 329 of the Criminal Act concerning the crime, the choice of punishment (a point of Section 329, a choice of imprisonment), Article 319 (1) of the Criminal Act (a point of intrusion upon residence, a choice of imprisonment with prison labor), Article 330 of the Criminal Act (a point of larceny at night)

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances that are favorable to the reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation: The extent of damage is not significant;

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