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(영문) 대전지방법원 2016.07.13 2016고단1595
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On June 5, 2015, the Defendant was sentenced to imprisonment with prison labor for at least ten months due to intrusion upon residence at night at the Daejeon District Court on February 6, 2016 and completed the execution of the sentence.

[2] On April 29, 2016, the Defendant invadedd the victim E’s house located in the Daejeon Middle-gu Daejeon, Daejeon, into the living room through the window opened in the victim E’s house, and attempted to steals or steals the property by intrusion upon the victim’s residence at his/her own discretion, with the head of Nowon-gu, cash, KRW 41,000, and KRW 10,000, and KRW 4,000, which were located in the said place, and by intrusion upon the victim’s residence at night from March 2, 2016 to May 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of E, F, G, H, I, J, K, L, and M;

1. Investigation report (report on goods additionally damaged by victim L), investigation report (Comparison between the time of crime and the time of sunset);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of the expiration of the last term of punishment of a suspect);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (the points of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the point of Section 329, the choice of imprisonment), Articles 342 and 329 of the Criminal Act (the point of attempted larceny, the choice of imprisonment), Article 330 of the Criminal Act (the point of larceny at night)

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

1. The punishment of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, without being aware of the same kind of crime for the same kind of crime as the punishment for the punishment of concurrent crimes, repeats the same crime in only one month after release from prison, the victim is a majority and the amount of damage is less than the amount of damage;

In light of the fact that it is impossible to do so, the victims have almost not been recovered, and the victims want to be punished, etc., considering the circumstances unfavorable to the defendant, and the crime of this case is deemed to have been committed for their livelihood, and part of the stolen objects are victims.

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