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(영문) 인천지방법원 2017.10.26 2017고단5255
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence of heading 15, 17, and 24 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On May 26, 2016, the Defendant was sentenced to one year of imprisonment with prison labor due to intrusion upon residence at night at the Incheon District Court on May 26, 2016, and completed the execution of the sentence at Anyang Prison on April 5, 2017.

[Criminal Facts]

1. On July 9, 2017, the Defendant: (a) around 00:15, the Defendant: (b) went into the house of the victim D located in Seo-gu Incheon, Seo-gu, Incheon; (c) opened the window of an unCorrectioned ward; and (d) invaded into the said house; and (c) stolen the building with one bank consisting of a copy of the passbook owned by the victim; (d) a copy of the national card; and (e) a key.

In addition, from June 23, 2017 to July 10, 2017, the Defendant invadedd another’s residence at night, and stolen the property at night, as shown in attached Table 1 to 6 times, from around June 23, 2017.

2. On July 9, 2017, around 00:00:02, the Defendant attempted to larceny at night, and went into the house of the victim F located in Seo-gu Incheon, Seo-gu, Incheon, and did not have to take corrective steps, and the Defendant did not have to take such measures on the wind, when the Defendant opened a gate, which was not corrected, and intrudes into such gate, and then does not have to have the intention to escape from the human body.

Around July 9, 2017, the Defendant did not commit an attempted theft by intrusion upon another person’s residence at night, such as the list No. 7 and No. 8 of [Attachment] Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A statement of D, H, I, J, F, and K Preparation;

1. All on-site photographs and photographs of damaged scenes;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Each investigation report and photographs, etc. before the place of occurrence of the case;

1. Photographs of damaged objects and CCTV image data;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 330 of the Criminal Act concerning the crime (the point of larceny at night), Article 342 of the Criminal Act, and Article 330 of the Criminal Act (the point of attempted larceny by intrusion upon residence at night);

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

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. Confiscation.

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