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(영문) 부산지방법원 동부지원 2018.10.04 2018고단1622
야간주거침입절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On April 20, 2001, the Defendant was sentenced to 15 years of imprisonment with prison labor for murder, etc. by the Daejeon High Court, and on August 23, 2015, the Defendant completed the execution of the sentence in Daejeon Prison.

On July 31, 2018, at around 02:20 on July 31, 2018, the Defendant got locked by the victim B, etc., who was in the Busan District captain, was removed from the crepane and removed by breaking the crepan, and then invaded into the crepane, the Defendant carried 10,000 won in cash, which is the victim’s possession on a small book, one gift certificate, one resident registration certificate, and one 150,000 won in market value with a driver’s license.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Report on occurrence (offtime theft), on-site photographs, reports on results of field identification, investigation reports (on-site escape and criminal records, etc. committed by the victim), notification of the result of request, records of seizure, list of seizure, investigation reports (finding of the method of intrusion upon residence of the victim as the other party suspect);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect and repeated crime)-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the crime;

1. The crime of this case on the ground of sentencing Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Offense”) is an unfavorable circumstance, such as the following: (a) the Defendant committed the crime of this case during the period of repeated crime due to his previous offense, such as intrusion upon residence at night; (b) the Defendant committed the crime of this case; and (c) the Defendant did not agree with the victim and did not endeavor to recover from damage.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the fact that the value of damaged goods is not very significant.

In addition, the defendant's age, sex, environment, means and results of the crime, circumstances after the crime, etc.

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