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(영문) 부산지방법원 2017.12.07 2017고단4584
상습야간방실침입절도
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A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

Punishment of the crime

[criminal history] On June 4, 2015, the Defendant was sentenced to two years of imprisonment with prison labor due to habitual intrusion larceny at night in the Busan District Court and completed the execution of the sentence on April 12, 2017, seven times of the same kind of force.

[2] On August 12, 2017, between 06:10 and 06:20, the Defendant entered into the telecom with the entrance opened in Busan Dong-gu “Durel” located in Busan Dong-gu, and went back to the tele corridor, and opened the telecom book with the victim E’s cash holding KRW 200,000,00, which was located in the wall located in the guest room. On August 23, 2017, the Defendant took a theft with the victim’s G residing in F from 06:10 to 06:0,000, and entered the victim’s home room with the intent to steal 504,000, which was not corrected for the purpose of theft, and entered the victim’s 200,000 won and the victim’s 10,0000 won and 217,000 won and 17,07,000 won and 17,007,000 won.

Accordingly, the defendant habitually intruded the victim's rooms at night or during night, and attempted to steals property or stolen property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police;

1. Each statement;

1. Each photograph;

1. A file report on each site and a report on the results of field identification;

1. Previous convictions: Inquiry into criminal history, investigation report (including the fact that the person is a repeated crime, additional judgment, and current status of personal confinement);

1. Habituality of the holding: The application of the law to recognize the dampness in light of the records of each crime in the holding, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner.

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