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(영문) 부산지방법원 서부지원 2020.06.05 2020고단479
야간주거침입절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 30, 2017, the Defendant was sentenced to four months of imprisonment with prison labor due to night residence intrusion, larceny, etc. in the Dong branch of the Busan District Court, and six months of imprisonment with prison labor for special injury, and completed the execution of the sentence in the port prison on December 30, 2018.

【Criminal Facts】

On December 24, 2019, at around 03:00, the Defendant opened a door at the victim C’s house located in Busan Shodong-gu, Busan, and entered the room, and 3.50,000 won in cash, the Defendant was in possession of the victim, who was suffering from the clothes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Investigation into the mobile channel of the suspect through the analysis ofCCTV images), photographs, and guidance;

1. Investigation report (Attachment of a on-site photograph), photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to the previous records and related records of decisions and other data), written judgments, and application of Acts and subordinate statutes to the current status of acceptance by individuals;

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion thief (special sponsor]: Reduction element of punishment not to be increased: In the area of the same repeated crime [the area of recommending and the scope of recommending punishment] mitigated, and in the area of imprisonment with labor for up to one year and six months;

3. Determination of sentence: Imprisonment with prison labor for ten months, the crime of this case intrudes the victim's residence at night and steals the object, and in light of the method of crime, the crime is very bad;

The defendant has been sentenced to criminal punishment for the same crime several times, and the risk of recidivism is high by committing the crime of this case again during the period of repeated crime.

The damage caused by the instant crime was not recovered.

However, the defendant repents and reflects late and wrongs.

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