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(영문) 전주지방법원 정읍지원 2017.11.02 2017고단350
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal records] On September 24, 2015, the Defendant was sentenced to one year of imprisonment with prison labor due to an injury in the Jeonju District Court’s Eup branch, and completed the execution of the sentence on June 23, 2016 at the Net Prison.

[Criminal facts] The Defendant, through the gathering of the victim D in the former North Chang-gun C, committed an intrusion on the victim E’s house located next to it, and committed a theft of money and valuables.

1. On August 2, 2017, from around 01:25 to around 02:20 on the same day, the Defendant: (a) opened a gate that was not set up in the house of the said victim D; and (b) entered into the ma and intrudes on the residence of the said victim.

2. At night, the Defendant: (a) intruded into the said D’s house at the same time and at the same place as above; (b) opened a door to 2nd floor of the Victim E, which was going up to the rooftop through boiler warehouse stairs; and (c) opened a door to 48,000 won in cash owned by the Victim G; (d) one resident registration certificate; (e) one driver’s license certificate; and (e) one driver’s license certificate; and (e) one copy in a new card; and (e) one manager for male use of KRW 1,100,00 in cash owned by the said E; and (e) one manager for female use of KRW 200,00 in total market price; and (e) one manager for female use of KRW 11,580,00 in total; and (e) one manager for female use of KRW 70,000 in total market price; and (e) one manager for female use of KRW 11,580,00 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of a copy of the judgment;

1. Relevant Article 330 of the Criminal Act and Article 319 of the Criminal Act (a thief who intrudes upon residence at night) concerning the crime (a point of intrusion upon residence and a choice of imprisonment with prison labor);

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

1. Reasons for sentencing [the scope of recommending punishment] under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments) of the Act on the Aggravation of Concurrent Crimes.

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