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(영문) 의정부지방법원 2016.10.28 2016고단2136
야간주거침입절도등
Text

In the case of crimes No. 1 in the annexed list of crimes in which the defendant's decision is made, one month of imprisonment, and the same list of crimes.

Reasons

Punishment of the crime

On October 13, 2014, the Defendant was sentenced to imprisonment with prison labor for four months at the Seoul Central District Court on April 13, 201, and the judgment became final and conclusive on the 21st of the same month.

In order to raise the Internet gambling fund, the Defendant: (a) committed an intrusion upon another person’s residence at night; (b) committed a theft of money and valuables from around 03:05 to 06:32 on May 23, 2016, by intrusioning the victim D’s residence at around 101,50,000 won in cash on the wall owned by the victim; and (c) committed a theft of money and valuables in total amount of 29 times from around July 27, 2013 to around 05:0-6:00 on May 27, 2016, the Defendant attempted to commit a theft of KRW 24,278,000 in total, or attempted to commit a theft of money and valuables by impairing the victim’s residence at night, as indicated in the list of crimes, at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, G, H, I, J, and K;

1. Each statement of D, L, M, N,O, P, Q, R, S, U, V, X,Y, Z, G, AB, AC, AD, AE, and AF;

1. Records of seizure and the list of seized articles, and photographs and records thereof;

1. Each investigation report (the Nos. 43, 44, 97, 108 of the evidence list) and internal investigation report (the No. 58 of the evidence list);

1. Each existing situation under subparagraphs 1 through 41 of this Article; and

1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports (Attachment to the final judgment on the suspension of a separate sentence), and application of statutes of the judgment;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 330 of the Criminal Act;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act (the crimes of subparagraph 1 of attached Table 1 and the crimes of injury for which judgment has become final and conclusive)

1. Of concurrent crimes, the number Nos. 9 of the annexed Table No. 37, 38(1)2, and 50 of the Criminal Code No. 2 through 29 of the annexed Table No. 37 of the Criminal Code, the nature of the crime and the circumstances of the crime are the most severe.

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