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(영문) 대전지방법원 2018.03.13 2018고단394
야간주거침입절도
Text

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

Reasons

Punishment of the crime

On September 7, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor by the Daejeon District Court on September 7, 2016, and completed the execution of the sentence in the official prison on July 7, 2017.

Criminal facts

On January 1, 2018, the Defendant: (a) opened and opened a window with the victim D’s 2,04, where the Defendant was placed on the second floor, fluent rice and gas pipes of the aforementioned Ba, and entered it; (b) opened and opened a window not corrected under subparagraph 204 of the said Ba, where the victim D resides in the house; and (c) opened a wireless mar, the market price of which is equivalent to KRW 1,000,000,000 in the market price of KRW 60,000,000 in the amount of KRW 40,000,000,000 in the market price of KRW 30,000,000,000 in the value of KRW 1,00,000 in the market price of KRW 20,000,00 in the mar, the market price of KRW 1,50,000 in the mar.

Accordingly, the Defendant invadedd the victim D’s residence at night, and stolen the property worth 2,140,000 won in total at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Each list, records, and photographs of seized articles;

1. Photographss and CD images of each CCTV course;

1. Investigation report (verification of sunset time on the day of committing the crime);

1. Previous convictions: Inquiries about criminal history, reporting on investigation (prior convictions for repeated crimes), and applying Acts and subordinate statutes to the results of investigation (the same sentence of convictions);

1. Article 330 of the Criminal Act concerning the crime;

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Article 35] 4 types of larceny for general property [Article 4 (Special Mitigation from August to January 6] mitigated area (Special Mitigation] [Article 8 (Special Mitigation)] / The sentence is not applicable to the aggravation of punishment / The sentence] 0 favorable circumstances for the same repeated crime that is not applicable to the aggravation of specific crimes (decision of sentence]: The confession and rebuttal of crimes; most of the damages were recovered; agreement between the victims and their families was reached; and family members want to leave their wife.

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