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(영문) 서울중앙지방법원 2012.12.21 2012고단4988

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On October 15, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence at the Seoul Southern Southern District Court on January 26, 201.

【Criminal Facts” around 14:40 on September 10, 2012, the Defendant came to the house of the victim D of the multi-family house 1st floor located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and the victim entered the house in a string through an open cresh, thereby opening the string door, thereby opening a string door with the locker of the windows of the living room, putting the windows attached to the locker of the living room in the string door, and putting the door up through the living room, and 90,000 won in cash at the victim’s house located in front of the wall.

Accordingly, the defendant invadedd another person's residence and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports (verification of the expiration date of punishment and attachment of judgment);

1. Article 319 (1) and Article 329 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of sentence recommended by the sentencing criteria (determination of type) shall be thief. General property:

Intrusion Larceny [Determination of Recommendation Area] Reduction Area (Discretionary Elements - Non-Punishmentd Measures] [Scope of Recommendation Penalty] 8 to 1 year and 6 months (pre-mediationd according to legal applicable sentences)

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than one year, the agreement with the victim, and the fact that the defendant reflects the depth of the defendant are considered as favorable to the defendant. However, considering the fact that the defendant committed the crime of this case even though he had been punished several times for the same crime, and that it is the period of repeated crime, the defendant shall be sentenced to severe punishment.