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(영문) 광주지방법원 2015.10.08 2015고단657

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 30, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court (hereinafter “the judgment on a suspended sentence”) and its judgment became final and conclusive on November 12, 2014. However, on July 23, 2015, the Defendant filed a petition for a retrial on the grounds that there was a decision of unconstitutionality on the law applied to the judgment subject to a retrial, and was sentenced to a suspended sentence of two years for a punishment of habitual larceny at the Gwangju District Court on July 23, 2015, and the said judgment became final and conclusive on July 31, 2015.

1. On December 21, 2014, around 21:30, the Defendant: (a) committed theft with an unsatisfies, bank, female clothes, and clothes owned by the victim C, which were installed in the middle-gu Samsung apartment in the middle-gu Samsungdong of Gwangju, with an unsatisfying 1,00 in the market price, which was on the top of the six boxes of Samsung apartment located in the middle-gu of Gwangju; and (b) committed theft by using the same method between the first police officer of May 2014 and the first police officer of February 2015 in the same manner as indicated in the list of crimes in the attached Form.

2. On February 28, 2015, the Defendant: (a) around 19:25 on February 28, 2015, the Defendant: (b) opened a locked window before the house of Victim E in Gwangju Mine-gu and his mother Victim F; (c) intruded into the small room; (d) took advantage of the brogate, etc., female E owned by the victim, such as brogate, and 12, and 10,000,000,0000,0000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E, F, and C;

1. The suspect's clothes taken from a stolen female;

1. Each report on investigation;

1. Previouss before and after judgments: Application of criminal records, inquiry reports, written judgments, investigation reports (Attachment of the written judgments related to related cases and reporting on confirmation of the fixed date);

1. Relevant Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;

1. To treat concurrent crimes;