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(영문) 서울북부지방법원 2016.04.20 2015고단4122
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal history] On June 19, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for night intrusion larceny at the Seoul Central District Court, and the judgment became final and conclusive on September 12, 2015.

[Criminal facts]

1. A crime committed on April 12, 2015;

A. On April 12, 2015, around 02:40 on April 12, 2015, the Defendant attempted to larceny at night, and did not commit an attempted crime, even though the Defendant intruded into the victim D’s residence in Dongdaemun-gu Seoul Metropolitan Government through the entrance door, which was not locked by the victim D, and did not take the object to be stolen, but did not commit an attempted crime, because the Defendant was frighted to the victim from the lock, and did not take the effect.

B. The Defendant, at the time and place indicated in the above paragraph (a) above, was caught by the victim D, who attempted to steal the goods, as stated in the above paragraph (a) above, and fleded to the victim D, and the victim D (73 tax) was fluored once by drinking the victim’s chest.

2. On April 27, 2015, around 03:10 on April 27, 2015, the Defendant: (a) intruded into the victim F’s residence on the 1st underground floor of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, by the entrance door that was not locked; and (b) cut off one string of the verification flus in the 6th credit card holding the victim’s credit card, which was placed on the bed back to the bed; (c) but (d) the Defendant was fluored to the victim, and was arrested at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Photographss of damaged articles and on-site photographs;

1. Previous convictions in judgment: Investigation report (report on confirmation of criminal records of the same kind of crime), status of confinement, and application of statutes of the judgment;

1. Relevant legal provisions concerning criminal facts, Article 330 of the Criminal Act on the selection of punishment (the point of larceny at night), Articles 342, 330 (the point of attempted larceny at night) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of assault, and the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal provisions;

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