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(영문) 서울동부지방법원 2016.11.24 2016고단3280

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 4 shall be confiscated.

An application of the applicant for compensation.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to one year in Seoul Central District Court for night residence intrusion larceny, etc., and on August 16, 2016, the Defendant completed the execution of the sentence in the original prison.

On September 15, 2016, from around 02:00 to 03:00 on the same day, the Defendant opened a corrected window and intruded into the house at the victim C located in the same subparagraph of the Gwanak-gu Seoul Special Metropolitan City D apartment complex, and 6:50,000 won in cash, which is the victim's possession located in the small sofe and opposite regions.

In addition, from around that time to September 26, 2016, the Defendant invadeds upon the victims’ residence at night in the same manner, and attempted to steal or steal the total sum of KRW 1,340,000 through four times, such as the list of crimes in the attached Form.

Accordingly, the defendant attempted to steal or steal the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Each statement, police seizure report and seizure list, each investigation report (including attachment), detailed details of A Criminal Act, reports on the results of inspection at each site, and photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (related to the date of release of a suspect, attachment to written judgments, etc.), personal confinement status, and application of respective statutes of judgment;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the fact of larceny at night), Articles 342 and 330 of the Criminal Act (the fact of attempted larceny at night);

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Consideration of the fact that a repeated crime was committed four times or more during the period of a repeated crime due to the same kind of crime committed for the reason of sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation; the fact that there are many criminal records in addition to the above repeated crime; and the method and circumstances of the crime;