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(영문) 춘천지방법원 강릉지원 2018.10.16 2018고단542
절도등
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 April 5, 2017, the Defendant was sentenced to eight months of imprisonment for larceny and intrusion upon residence at the Gangnam Branch of the Chuncheon District Court, and completed the execution of the sentence on October 14, 2017.

[Criminal facts]

1. On May 21, 2018, the Defendant: (a) infringed upon the victim B’s residence; (b) went out of the house of the victim B, and opened a door door that was not corrected by using any cresh in the house; and (c) intruded into that door; and (d) stolen the victim’s house at approximately KRW 50,000,00 of the market price, which was the victim’s possession, at approximately KRW 300,000,00 won, of the market price.

2. On May 21, 2018, the Defendant infringed upon the victim D’s residence, damaged special property, and stolen, around 14:20 on May 21, 2018, the victim’s house of the victim D, the husband, left the house with the victim F, and broken the window locked by using any cret around the house, which is a dangerous object in the vicinity of the above house, so that the above window owned by the victim D could not be known, and entered the house through the window so that the repair cost cannot be determined. After entering the house, the Defendant brought about a summary of the evidence of the new evidence, which is the owner of the victim D, owned by the victim D in the inside cremation W, about 1.1 million won at the market price at the inside the said house, 1.56,00 won in cash owned by the victim D, the victim D, and 1,500,000 won in the new victim F.

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against B;

1. Relevant photographs;

1. The scene of theft and identification photographs;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A criminal investigation report (the clothes discovered in the vicinity of the damaged site);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of such previous convictions, etc.);

1. Relevant Article 319(1) of the Criminal Act and Article 319(1) of the Criminal Act (the occupation of intrusion upon each residence), Article 329 (the occupation of larceny), and Article 369(1) of the Criminal Act concerning the crime;

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