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(영문) 서울북부지방법원 2017.01.13 2016고단5369
절도등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On November 13, 2014, the Defendant was sentenced to one year and two months of imprisonment by night-time intrusion larceny, theft, etc. at the Incheon District Court, and completed the execution of the sentence in the original prison on August 31, 2015.

[Criminal facts] The Defendant did not have any particular occupation or property after being released from prison and did not have any other person’s residence to steal the property.

On November 10, 2016, the Defendant: (a) around 14:55, at the victim D’s residence in Dobong-gu Seoul Metropolitan Government C and 103, the Defendant: (b) divided the first race, confirmed the existence of the victim; and intruded into the entrance through the entrance that was not corrected; and (c) 700,000 won at the market price of the victim’s ownership in the small room and the victim’s wall located in the main room, the Defendant continued to have a total of KRW 90,00,000,000 in the market price of KRW 10,000,000,000 in total, such as gift certificates and gift certificates,

In addition, the Defendant abused the total amount of KRW 8,390,200 from October 11, 2016 to November 10, 2016, by intrusion upon the victims’ residence on a total of six occasions, as shown in the list of crimes committed in the attached Table.

Accordingly, the defendant invadedd the victims' residence and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, and H;

1. A report on damage to I;

1. Police seizure records;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence) and Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Crimes No. 1 for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] - Crimes No. 4 for general property, which do not fall under the aggravated area (one year and six months to four years) (special aggravation) for specific crimes (special aggravation) (the scope of recommending punishment / [the scope of recommending punishment] general property.

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