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(영문) 창원지방법원 2014.08.29 2014고단1841
절도등
Text

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

Reasons

Punishment of the crime

On June 24, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor in the Changwon District Court for night time, intrusion upon residence, larceny, etc., and the said judgment became final and conclusive on July 2, 2014, and is currently in the grace period.

1. On July 2, 2014, around 11:00 on July 2, 2014, the Defendant invadedd the victim’s residence by using stairs leading to the second floor having the left part of the said house, leading to the victim D’s house in Seongbuk-gu, Seongbuk-si, Sungwon-si. In front of the said house, the Defendant invadedd the victim’s residence.

2. On July 2, 2014, around 16:30, the Defendant: (a) went on the street in front of the victim F’s housing (second floor) located in Seongbuk-gu, Changwon-si; (b) opened a living room window on which the second floor was not opened up and intruded into the house; (c) then put the victim’s ownership on the table of the living room into a mI NomI Nompt (1) and a public card owned by the victim on a small book; and (d) cut off by putting in a verification color room prepared in advance one copy of the modern card in front of the victim’s housing (second floor).

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon each residence), Article 329 of the Criminal Act (the point of larceny) and the housing unit of imprisonment with prison labor for the crime;

1. In light of the fact that the defendant, among concurrent crimes, committed each of the crimes of intrusion and theft in the instant case at least eight days after being sentenced to a suspended sentence of imprisonment for eight months, in spite of the criminal records having been sentenced to a suspended sentence of two years due to night residence intrusion, larceny, etc., even though he/she had been sentenced to a suspended sentence of two years due to night residence intrusion and larceny, it is deemed that the sentence of the defendant is inevitable.

In addition, the victims' degree of damage and each of the instant cases.

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