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(영문) 대구지방법원 포항지원 2016.05.26 2016고단307
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On November 13, 2014, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the port branch of the Daegu District Court, and completed the execution of the sentence on February 24, 2016.

[Criminal facts]

1. On March 17, 2016, the Defendant committed a crime (damage to special property, intrusion upon residence, theft) around 15:00 on March 17, 2016: (a) around 15:00, the Defendant carried out a lock door of the victim’s inside and outside, which was a dangerous object in the victim’s house, with the intent to steal other property from the victim’s house located in Nam-gu C at the south-gu Office of Port on March 17, 2016, for the purpose of stealing the victim’s house by taking away other property from the victim’s house in the victim’s house, and carried it out with the market price, and opened a door inside and opening a lock door after the back of the victim’s house and carried KRW 1.2 million, a cash owned by the victim under the part of the head of the Dong.

Accordingly, the Defendant, carrying dangerous things, destroyed the victim's property, and stolen the property by intrusion upon the victim's residence.

2. On March 28, 2016, the Defendant: (a) committed around March 28, 2016; (b) opened a home visit that was not locked for the purpose of diving at the victim’s home as described in paragraph (1) around 21:55, and entered the door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D;

1. All on-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the latest criminal records and judgments of the suspect, and written confirmation of the date of release);

1. Article 329 of the Criminal Act (Section 329, Selection of Imprisonment), Articles 369 (1), 366 of the Criminal Act (Special Property Damage, Selection of Imprisonment) and Article 319 (1) of the Criminal Act (Influence of intrusion upon residence and choice of punishment) (Article 319 (1) of the Criminal Act);

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

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by the most severe punishment for larceny);

1. The first crime (the scope of recommendations for destruction) (the scope of punishment), habitually, repeated crimes and special damage shall be committed against the sentencing criteria;

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