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(영문) 대전지방법원 논산지원 2016.06.21 2016고단125

야간주거침입절도등

Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of one year for larceny in the Daejeon District Court’s Branch of Seosan on November 24, 2015, and two years for a suspended sentence as of December 2, 2015. The judgment became final and conclusive on December 2, 2015.

[Criminal facts]

1. On December 22, 2015, the Defendant: (a) came to the house of the victim C in Eansan City from around 03:11 to around 04:00, the Defendant: (b) opened an unrecepted door door to the victim’s house; (c) intruded into the victim’s house; and (d) stolen the victim’s house with a verbal 20,000 square meters in total at the victim’s market price, which is the victim’s possession.

2. On February 10, 2016, the Defendant attempted to larceny at night, following intrusion upon a victim E’s residence located in Do at the time of debate, and the Defendant attempted to steals property by intrusion upon the victim’s residence through gate for the purpose of stealing the object from the victim’s residence to the end of the victim’s residence, and the neighbor F discovered the Defendant, while she had sexual intercourse at the victim’s residence, and she attempted to steal the property by impairing the victim’s residence at night through the parturg gate, “low-day”.

3. On February 10, 2016, the Defendant discovered the victim H-owned vehicles parked in front of G on February 10, 2016, and opened a string door door which is not corrected and kept in custody of drinking water storages by entering the vehicle into the vehicle.

10,000 won, 10,000 won, 10,000 won, 200,000 won, 1 credit card holders, etc. were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, H and E;

1. Scenics, site photographs, and photographs showing in the direction of the victim's residence before the crime is committed;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (report on criminal records of the suspect and filing of the judgment of suspended execution), application of Acts and subordinate statutes to investigation reports (verification of facts during suspended execution

1. Article 330 of the Criminal Act in relation to the crime and Article 342 of the Criminal Act in relation to the choice of punishment (the point of larceny at night) and Article 342 of the Criminal Act.