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(영문) 수원지방법원 성남지원 2015.10.16 2015고단1531
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 26, 2010, the Defendant sentenced one year and six months to imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Incheon District Court's Branch Branch on February 26, 2011, and completed the enforcement of the sentence in the Southern Prison on July 24,

At around 21:30 on July 10, 2014, the Defendant: (a) opened a window at a travel room for the victim’s house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) removed 2 points from a travel room for the victim’s house and routing into the victim’s house; and (c) cut off the hacks owned by the victim; (d) during a total of six times as indicated in [Attachment Table 1-5] and No. 7 [Attachment Table 1-5] from that time until early May 2015, the Defendant attempted to steals property over a total of two occasions, as described in No. 6 and No. 8.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of E, F, G, H, I, J, K, and D;

1. Investigation report (Evidence List 20, 25-27);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 330 of the Criminal Act, Article 342 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, and Article 330 of the Criminal Act, concerning facts constituting an offense (a crime of larceny at night);

1. Article 35 of the Criminal Act among repeated crimes (as to night residence and larceny on July 10, 2014);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] the reason for sentencing under Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] the mitigated area (8 to 1 year and 6 months) of the mitigated area (special mitigation) for general property] and repeated crimes of the same kind which do not fall under life-type / special mitigation [the decision of sentence] of the same crime of the same kind (the decision of sentence] committed by the defendant several times for the same crime as the defendant of one year, but some of the crimes are inevitable to be sentenced to

(2).

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