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(영문) 대전지방법원 천안지원 2018.08.23 2018고단996
상습야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 27, 2009, the Defendant was sentenced to three years by the Daejeon High Court to a violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) and an attempt to larceny residence at night. On September 11, 2013, the Defendant was sentenced to three years by imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (thiety Rape, etc.) in the Support of the Daejeon District Court on September 24, 2016, and was sentenced to three years by imprisonment with prison labor on July 24, 2016, in addition to the completion of the execution of the sentence, theft and intrusion before residence.

[Criminal facts]

1. On February 22, 2018, at around 23:40 on February 22, 2018, the Defendant habitually opened a gate with bricks, etc. and attempted to leak the victim’s property inside the house and stolen the victim’s property, but failed to open the gate and attempted to commit an attempted crime.

2. On February 23, 2018, the Defendant habitually failed to enter the E house, as described in paragraph 1, and, on February 23, 2018, when around 00:10, on the house of the above E, came to the house of the victim G located in the south-gu, south-gu, Seoul Special Metropolitan City, the Defendant opened the entrance door to be set up in vinyl and tape on the back of the house, opened the door to be set off on the back of the house, and intruded into the house, carried the object to be stolen, and went away from the door to the dwelling, and did not go to the victim’s “a person’s name”, and did not commit an attempted crime.

3. At around 02:00 on March 11, 2018, the Defendant: (a) opened a gate and door door, which was not corrected in the house of the victim I (the age of 75) located in Nam-gu, Nam-gu, Nam-gu, Nam-gu; and (b) opened a small bump, sloping, sloping, etc. and opened a bump, sloping, etc. to dump, and dumpeded the stolen objects, while dumping the stolen objects, followed by the victim’s sound “a person who must go in this hour,” and did not commit an attempted crime.

Accordingly, the defendant habitually intruded another person's residence at night over three times and tried to steals property.

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