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(영문) 의정부지방법원 2016.05.20 2016고단1108

야간주거침입절도

Text

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

Reasons

Punishment of the crime

[2] On October 29, 2009, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court’s Branch, and the judgment became final and conclusive on November 6, 2009. On October 8, 2010, the sentence of suspended execution became final and conclusive on February 25, 201 after being sentenced to one year and six months of imprisonment for the same crime, and the said judgment became final and conclusive on February 25, 201. On November 19, 2013, the Defendant was sentenced to two years of imprisonment with prison labor at the Incheon District Court’s District Court for the same crime and completed the execution thereof at the Government prison on September 30, 2015 (the above judgment of imprisonment with prison labor on October 8, 2010 and on November 19, 2013).

1. On March 28, 2016, the Defendant: (a) 423,000 won, including 50,00 won, 12, 12, 53 won, 10,000 won, within a credit cooperative located in a place where the victim C was intruded into a restaurant through the above restaurant windows; and (b) 423,00 won, including 5,00 won, 12, 53 won, 1,00 won, within the credit cooperative located in the place where the victim was locked, after having intruded into the restaurant through the above restaurant windows.

In other words, the victim's property was stolen.

2. On March 28, 2016, the Defendant: (a) the victim F was in a H restaurant where the victim F in Macheon-si was living on March 28, 2016, and the victim F was intruded into the restaurant through the window at the above restaurant and then the victim was locked by using the crebs in which the victim was locked, the Defendant shall collect KRW 1,500,000, total of KRW 18,500, KRW 100, KRW 100, KRW 100, KRW 100, KRW 20, KRW 100.

In other words, the victim's property was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. C’s statement;

1. Report on investigation (verification of the place of crime);

1. Sovereign path photographs and field photographs of the victim;