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(영문) 서울북부지방법원 2016.07.14 2016고단2173
야간주거침입절도
Text

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

Reasons

Punishment of the crime

On July 12, 2013, the Defendant was sentenced to imprisonment with prison labor for the attempted larceny, etc. by the Seoul High Court, and completed the execution of the sentence in the Gwangju Prison on January 26, 2016.

On June 2, 2016, at around 04:40 on June 2, 2016, the Defendant opened an open door to the inside of the victim D and E located in the Dongdaemun-gu Seoul Metropolitan Government’s residence, and intruded inside, the Defendant: (a) removed 10,000 won in cash from the wall of the victim D, which was placed on his/her inner book; and (b) removed 70,000 won in cash from the wall of the victim E where the victims were on his/her face to the side and moved to the side;

They have come to her.

As such, the Defendant invaded into a house at night and stolen a total of KRW 170,000 in cash of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E, D, and F;

1. Statement of investigation report (at night);

1. Entry in seizure records;

1. References to inquiries, such as criminal history, results of search by prisoners, application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant had been punished several times by taking advantage of his/her ability to inhale hallucinogenic substances, intrusion into his/her residence, larceny, or attempted larceny, etc., and that the Defendant committed the instant nighttime intrusion larceny in the status of repeated crimes.

There is no compensation for damage.

However, the fact that the defendant reflects his mistake is considered as favorable circumstances.

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