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(영문) 광주지방법원 해남지원 2017.11.23 2017고단402
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 9, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for habitual special larceny, etc. at the Gwangju High Court, and completed the execution of the sentence in the former prison on July 19, 2017.

[Criminal facts] On October 26, 2017, around 10:00, the Defendant came into the house of the victim D, who was in the southnam-gun C, and stolen money and valuables, and intruded the victim’s house into the victim’s house and the kitchen.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of the processing of reported cases;

1. On-site photographs;

1. Previous convictions in judgment: (A) a response to inquiries, such as criminal history, results of search by prisoners, notification of investigation (Attachment of a copy of the judgment), and application of the text of the judgment in Part V;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. The Defendant was sentenced to three years of imprisonment with prison labor due to habitual special larceny, etc., and infringed upon his residence to steals another’s property again within three months.

Pronouncement of sentence is inevitable.

A specific sentence shall be determined by taking into account the circumstances favorable to the defendant's wrongness, and the fact that the defendant was unable to receive a letter from the injured person, etc., according to the circumstances unfavorable to him/her, and by taking into account all the factors of sentencing revealed in the process of the trial of this case, such as the defendant's age, sex, environment, criminal records, criminal records, circumstances after the crime, etc.

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