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(영문) 전주지방법원 군산지원 2017.10.13 2017고단887

방실침입등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On July 2, 2008, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on July 2, 2008; on December 3, 2010, at the Jeonju District Court, one year and six months; and on February 13, 2014, the Daejeon District Court sentenced imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes; on August 13, 2016, the execution of the sentence was terminated.

[2] On June 30, 2017, the Defendant collected KRW 524,00,00 in cash owned by the victim who was kept in his/her safe by cutting off the “E” infant play operated by the victim D in Yasan-si, Yasan-si, by taking advantage of the crepan of the victim’s unclaimed creh and cutting off the entrance, so that it is difficult for the Defendant to take off the object by cutting off the door, and intrusion into the inside and by intrusion into the safe.

They go back.

As a result, the defendant intrudes into the room possessed by the damaged person, was sentenced to imprisonment not less than three times with prison labor due to larceny, and the execution of the punishment has been completed, and theft has been committed again within the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] and Article 319 (1) of the Criminal Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the selection of imprisonment with prison labor];

1. The possibility of repeated criticism for the same method of crime even though he/she had record of multiple same kinds of crimes with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes;

A. However, a sentence of two years shall be imposed in consideration of the fact that the thief committed was prosecuted for one case, the fact that his mistake is against depth, the defendant's health status and family relationship, social ties, etc.