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(영문) 수원지방법원 평택지원 2015.12.30 2015고단1786

야간주거침입절도

Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

seized evidence 2.

Reasons

Punishment of the crime

On June 4, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny in Suwon District Court’s Pyeongtaek Housing Site, and the execution of the sentence was completed on December 27, 2013.

On October 29, 2015, at around 02:00, the Defendant opened and intrudes a gate which was not corrected in the victim D(68 years of age)’s house located in Ansan City C, and had 7,000,000 won at the market price in which the Defendant was in custody in a plastic house.

On November 2, 2015, at around 02:48, the Defendant opened and intrudes a gate which was not corrected in the victim F (n, 45 years of age)’s house in Ansan-si E, and had a shoulder equivalent to KRW 250,00,000 at the market price being kept in the last warehouse.

Accordingly, the defendant stolen property by intrusion upon the victims' residence at night twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Records of seizure and list of seizure of the police;

1. All on-site photographs and data from CCTV images;

1. Previous records: Application of the Acts and subordinate statutes on inquiry records such as criminal records, etc. and personal identification and confinement status;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Class 1 crime applicable to the sentencing guidelines [Scope of Recommendation] 4 (Special Mitigation) (Special Mitigation: 8 to one year) mitigated area (Special Mitigation) for general property; / Where he/she intrudes into places other than indoor residential space (type 4) / Crimes 2 for the same repeated offense not falling under special mitigation [Scope of Recommendation] mitigated area (type 8 to one year and six months), mitigated area (type 4) (special mitigation) (where he/she intrudes into places other than indoor residential space (type 4) / Where he/she intrudes into places other than indoor residential space (type 4) / The scope of final aggravated punishment according to the aggravation of multiple repeated offenses of the same kind which do not fall under special mitigation): August to February 3:

2. Determination of sentence;