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(영문) 수원지방법원 2016.06.09 2016고단2202
주거침입등
Text

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

Reasons

Punishment of the crime

1. On August 30, 2014, at around 01:00, the Defendant embezzled the goods that the victims lost on seven occasions in total, without returning to the victims, while he/she embezzled the goods that the victims lost on seven occasions, as shown in the list of crimes, from around that time to April 26, 2016.

2. On February 2, 2016, the Defendant infringed upon a residence by finding out that a person under subparagraph 302 of F loan, which was managed by the victim E (55) in Suwon-si, Suwon-si, Suwon-si, was not residing in his/her house, and then intrudes on the house through the open window, and then intrudes on the house by using the F loan, which is managed by the said victim every day from around the time to April 28, 2016, and living in his/her house.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made by G, H and C;

1. To secure a victim of an investigation report;

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act concerning the crime, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the selection of imprisonment with prison labor;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act are against the defendant, the fact that there is a history of having been sentenced to two suspended sentence for the same criminal records, the fact that damage has not been recovered, the fact that the defendant intrudes into the offline and lives in the old room while living in the old room, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., should be taken into account;

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