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(영문) 수원지방법원 2015.01.29 2014고단6740
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

The seized 1 metre (No. 1) shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

On February 14, 2013, at the Suwon District Court, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. and the said judgment became final and conclusive, but on February 7, 2014, the suspended sentence was revoked and the execution of the sentence was terminated on June 19, 2014.

1. On November 18, 2014, around 14:45, the Defendant entered the studio through the window installed in the victim D, located in the 301st room of the 301st head of the Sinsan-si building, and entered the studio through a window installed at the 301st head of the 30,000 won computer monitor at the studio on the studio.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. On November 27, 2014, at night, the Defendant: (a) was studio in the studio building in Osan-si; (b) was intruded into the fifth floor corridor in which eight households are living; (c) was placed in stairs located in the stairs at that place; and (d) was stolen with a studio on, and on top of, the market price, which is the victim’s name and unclaimed box, owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each protocol and list of seizure;

1. Previous records of judgment: Application of criminal history records, investigation reports (former records and attachment of judgment), investigation reports (verification of the date of revocation of suspension of execution of punishment, date of release of punishment, etc.);

1. Relevant legal provisions concerning facts constituting an offense and Articles 319 (1) (the points of intrusion upon residence, the choice of imprisonment), 329 (the points of larceny and the choice of imprisonment), and 330 (the points of larceny at night) of the Criminal Act that choose a punishment;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act, Article 333(1) of the Act on the Larceny for general property (the range of recommending punishment) is from 8 months to 6 months to 8 months in the mitigated area (the day from 8 to 1 year), which does not fall under the mitigated area (the day from 1 year to 6 months), which is the mitigated area (the day from 1 year to 1 year), and 2 of the same repeated offense not falling under the mitigated area (the day from 200 to 3 years), which is the mitigated area.

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