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(영문) 인천지방법원 2015.10.14 2015고단5316

절도등

Text

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

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Incheon District Court, and on January 15, 2014, the same court was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the same court, which became final and conclusive on April 18, 2014, and the sentence of suspension of the execution was terminated on April 23, 2015.

1. On August 20, 2015, the Defendant attempted to enter a residence, around 12:27, in front of the victim D’s residence in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 203 Dong 103, and attempted to open approximately 50cm of the window and to intrude into it, but the Defendant fledd with the wind, which is discovered by the victim inside the bed.

Accordingly, the defendant attempted to intrude the victim's residence, but did not commit it but did not commit an attempted crime.

2. On August 20, 2015, at around 13:30, the Defendant: (a) opened a bend window in front of the victim F residence in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 107 Dong 102; (b) intruded into the said house; and (c) put in a bank prepared in advance the amount equivalent to KRW 8, 8, 8, 8, 4, 4, 4, 111,340 per annum.

Accordingly, the victim's property was stolen by intrusion upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Records of seizure, list of seizure, and photographs of damaged articles;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (a) and Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 322 of the Criminal Act concerning the selection of criminal facts are stated in the indictment, but this seems to be a clerical error;

Article 319(1)(the attempted charge of intrusion upon residence), Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act (the point of larceny), Article 329 of the Criminal Act (the point of larceny), the choice of

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;