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(영문) 의정부지방법원 2020.12.08 2020고단5838
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On January 6, 2017, the Defendant was sentenced to one year and six months of imprisonment for night intrusion larceny at a district court’s district court, and was released on October 27, 2017, and the parole period expired on January 4, 2018. On October 1, 2018, the Defendant was sentenced to eight months of imprisonment for night intrusion and larceny at a district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s district court’s execution of the sentence on February

【Criminal Facts】

1. On July 3, 2020, the Defendant attempted to larceny at night, and around 04:30 on July 3, 2020, entered the Victim C’s house located in Gwangjin-gu Seoul Special Metropolitan City, through an open gate, and then intrudes the stairs up to 2 floors, and then shoots the windows by using the function of the cell phone fingers, etc., the Defendant was aware of the victim’s wind.

2. At night, around 04:40 on July 11, 2020, the Defendant: (a) invadedd the living room through an open window outside the said house; and (b) committed theft with a bank amounting to KRW 2,472,00 in cash; (c) 10,000 in agricultural merchandise coupons; and (d) 20,000 in market price, which is the victim owned by the 7 head of Nonghyup; and (e) 10,000 won in market price, which is the victim owned by the 7 head of Nonghyup.

Summary of Evidence

1. On-site photographs of the defendant, each written statement E, F, and C, each of 112 Report Processing Reports (the confirmation of the amount of damage and the seizure of oil), comprehensive vehicle tax reports, related data, reports on the use of a two-wheeled vehicle, certificates of the disuse of a two-wheeled vehicle, certificates of vehicle transfer, certificates of vehicle transfer, registers of two-wheeled vehicle register, previous records shown in the ruling on data output of each CCTV image: Criminal history light, personal confinement status, application of statutes of the

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 330 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders

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