logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.12.13 2018고단1365
야간주거침입절도등
Text

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

Reasons

Punishment of the crime

[criminal history] On November 7, 2014, the Defendant was sentenced to four years of imprisonment for rape, etc. by the Daegu District Court, and completed the execution of the sentence on March 11, 2018.

[Criminal facts]

1. On June 21, 2018, the Defendant: (a) went into a victim D’s house located in Nam-gu, Nam-gu, Nam-gu; (b) on June 21, 2018, the Defendant: (c) went into a house; (d) opened a gate and a gate with no string of the house; and (d) went into the house; and (e) took a hand-off with a 3 million won in cash on a small embankment; (b) on July 21, 2018, the Defendant: (c) went into a house of the victim F; (d) came into a house of the victim F in North-gu, North-gu; and (d) entered a 300,000 won in cash and a 150,000 won in the market price of the 1st page; and (d) entered the 1601,000 won in the total market price from around July 2018, as the victim’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each statement of I, J, K, L, D, M, N,O, F, and P;

1. Police seizure records;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (Attachment to judgment of repeated crime records, etc.);

1. Relevant legal provisions and the point of intrusion upon a residence option for the crime: Article 319 (1) of the Criminal Act (elective of imprisonment): Article 329 of the Criminal Act (Optional of Imprisonment) and Article 330 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the circumstances unfavorable to the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, i.e., the fact that the nature of the crime was inferior in light of the content and frequency of the instant crime committed by intrusion upon residence at night or during daytime, and that the victims did not recover from the damage, and that suspension of execution was one time.

arrow