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(영문) 서울중앙지방법원 2014.10.02 2014고단5589
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one and half years.

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Western District Court on two years and six months, and the execution of the sentence was completed by the Hong prison on August 8, 2013.

On July 30, 2014, the Defendant, at least 21:20 on July 30, 2014, opened a entrance at the victim D's house located in Gangnam-gu Seoul Metropolitan Government, intruded into the living room, and stolen the cash of 350,000 won owned by the victim, including one driver's license, one driver's license, one agricultural cooperative security card, one agricultural cooperative cash card, one agricultural cooperative cash card, etc., in the market price of 700,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of E and D;

1. Police seizure records;

1. 압수품사진, 범행현장사진, 피의자 도주경로 및 검거장소 사진, CCTV 영상 켭쳐사진, 피해품 발견장소 및 피해품 사진

1. Investigation report (the investigation of the head of the relevant place and witness at the scene of occurrence, the escape route of the suspect, the examination of the place and place of arrest of the damaged goods, the examination of CCTV images around the scene of occurrence, the discovery of damaged goods, the relative investigation of the injured goods and the victim, and the examination of the damaged goods in the victim's DNA currency);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the current status of personal identification);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The above crime for the reason of sentencing under Article 48(1)1 of the Criminal Act is subject to the sentencing guidelines, and the defendant is against the defendant's imprisonment for one year and six months to four years due to the aggravation area of intrusion theft. Although there are family members who need nursing, the crime of this case may lead to other larger crimes, after being punished for the same crime, again commits the crime of this case during the repeated crime period, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and conditions after the crime.

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