beta
(영문) 창원지방법원 진주지원 2013.12.18 2013고단992

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 29, 2006, the Defendant was sentenced to imprisonment with prison labor for one year and two years under suspension of execution due to the crime of larceny and intrusion upon residence in the Changwon District Court's Seoul District Court's Jeju District Court's order on March 29, 2006, and on July 8, 2009, with prison labor for six months and two years under suspension of execution.

At around 14:00 on August 20, 2012, the Defendant, at the victim D’s house located in Scheon-si C, intruded into the house through the opened gate, and stolen it by holding a 100,000 won of the market price owned by the victim, which was suffering from the fladro, as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Magazines, chassis, certified copy of resident registration, and family relation certificate;

1. Each investigation report (Attachment of correspondence data), investigation report (Attachment of contact data), investigation report (in cases of confirmation of a vehicle for use), investigation report (in cases of confirmation of a vehicle for use), and investigation report (in cases of telephone conversations of witnesses);

1. Application of each statute on photographs;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment);

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 crimes [decision of types] thief [Special Convict] - thief [decision of the recommended area] - Where intrusion into general property outside indoor residential space (type 4] / [the scope of the recommended area] mitigation area / [the scope of the recommendation area] 8 months to 1 year and 6 months] - 1 year and 6 months [general prisons] - Instrud factors - The serious reflective factors - the previous crime (less than 10 years after the completion of execution] which does not constitute repeated crimes - The sentence is recommended with the previous crime of the same kind (not more than five years, probation or not more than three times), no damage has been recovered - General positive factors: Damage and serious reason for suspended execution - At least two times, but not more than six years, the defendant's imprisonment with prison labor at the latest.