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(영문) 청주지방법원 2016.05.17 2016고단373
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to seven months from the Cheongju District Court for habitual larceny, and completed the execution of the sentence in the Cheongju prison on December 28, 2015.

1. At night, on January 15, 2016, the Defendant: (a) intruded into the victim D’s house heading in Cheongju-si, Cheongju-si, around 22:00 on January 15, 2016; and (b) stolen four rapidly maiders equivalent to KRW 1,000,000, total market value of the victim’s ownership.

2. On January 17, 2016, around 02:53, the Defendant: (a) intruded into the G car center operated by the victim FF in Cheong-gu, Seo-gu, Seo-si on a night-time basis; and (b) stolen a middle string of the market value of the victim’s possession, which was located there, on the part of the victim, and loaded in the Libya one to the middle string of the vehicle amounting to KRW 50,000 in total.

3. A thief was parked there on January 31, 2016 on the roads near the middle school of Cheongju-si in a substantial amount of Cheongju-si around January 16:30, and was parked there.

H One ton truck, the victim I, who was placed on the truck, was able to use one drum for air purification apparatus of the amount of 20,000 won at the market price, which is the victim I owned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, F, J and I;

1. Each protocol of seizure and each list of seizure;

1. Reporting on the arrest of each case;

1. An on-site photograph, each CCTV screen to cover the important screen and to cover the CCTV important;

1. Previous conviction: (A) a written inquiry about criminal history and the application of Acts and subordinate statutes to a written inquiry about criminal history;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 and 329 of the Criminal Act (the nighttime intrusion larceny, and intrusion theft of structures at night) (the purpose of Section 1 and the choice of imprisonment);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Basic criminal's basic area (a) No. 4 types of larceny in general property, the scope of punishment on recommendations for larceny at night (a.g., intrusion larceny)

(b) Special mitigation (aggravating) of a person’s livelihood, special crimes, or repeated crimes.

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