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(영문) 광주지방법원 순천지원 2016.04.27 2016고단380

상습야간주거침입절도

Text

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

A seized knife (No. 1), 2 Esknife (No. 2), Hd.

Reasons

Punishment of the crime

[2] On May 22, 191, the Defendant was sent to the Seoul Southern District Court as a home protection case for larceny. On April 17, 1992, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and a short of eight months for night intrusion larceny at the Seoul Central District Court on April 17, 1992. On December 9, 1992, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months and a short of one year for special larceny at the Seoul East East District Court. On July 5, 2001, the Defendant was sentenced to ten months of imprisonment with prison labor for night intrusion larceny at the Gwangju District Court, and on April 3, 2003, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on November 25, 2005 and sentenced to a fine at the Gwangju District Court on January 13, 2015.

[2] On February 1, 2016, the Defendant committed an attempted crime by: (a) opening a door to be set up at the victim D’s house located in Gwangju-dong-gu, Gwangju-gu; (b) intrusion into the house; and (c) committing a theft with cash of KRW 140,00,00 in cash owned by the victim; and (d) committing an attempted crime by taking 43 times in total, as indicated in the list of crimes in the attached Table, from around B to February 2016, the Defendant committed an attempted crime by: (a) taking away the victims’ property worth KRW 5,865,00,000 in total, or failing to discover the goods to be stolen, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

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 for E;

1. Written statements of F, G, H, I, J, K, L, M, N,O, P, Q, R, T, and D;

1. Each photograph and each on-site photograph;

1. The response to the request for appraisal;