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(영문) 춘천지방법원 2016.06.29 2016고단397
상습야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One cuter (Evidence No. 1), two Raber (Evidence No. 2), and panty.

Reasons

Punishment of the crime

On April 21, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Chuncheon District Court, and on November 14, 2013, at the Chuncheon District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On September 27, 2015, the Defendant completed the execution of the sentence in the lawsuit against the 2 guard of the North Korean Branch.

On April 2016, the Defendant opened a gate to the victim D located in Chuncheon City, around 20:00, in the house of the victim D and did not correct it, and intruded into the house, and 60,000 won in cash, which is owned by the victim in the above wall of the law, was stolen.

In addition, the Defendant, even from March 14, 2016 to April 26, 2016, committed an attempted theft of money and valuables worth KRW 10,317,800, total market price by habitually intrusioning on residence at night or night in the same manner on a total of 22 occasions, as stated in the list of crimes committed in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement in F, G (H), J, K, K, L, M, N, P, Q, R, D, S, T, U, V, X, Y, Z, and written statements;

1. Each protocol and list of seizure;

1. Previous convictions in judgment: Inquiry about criminal history, text of judgment, and number and acceptance status of each individual;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes committed in a short period of time;

1. In all of the facts constituting the crime under Articles 332, 330 (a crime of larceny at night), 329 (a crime of habitual larceny), 342, 329 (a crime of habitual larceny) and 329 (a crime of habitual larceny) of the relevant Act concerning the crime, punishment shall be imposed for habitual intrusion larceny;

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

1. There is no sentencing criteria set for larceny (the sentencing criteria are prepared only for habitual larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act.

The Defendant each of the instant cases.

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