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(영문) 인천지방법원 부천지원 2017.01.24 2017고단24
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Night-time theft;

A. On June 13, 2010, at around 04:00, the Defendant intruded the victim’s 1st floor of the S Multi-household housing in Seocheon-si, Seocheon-si, to the inside of the said floor through the open door, and then stolen the Defendant’s cash 50,000 won owned by the victim, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, of the victim’s bank in the name of the victim.

B. Around 00:00 on August 10, 2010, the Defendant: (a) went into the house of the victim V with the first floor of U Multi-household 1, U.S. 1, 2010; and (b) intruded to the inside of the said house through the open door to the inside of the said house; and (c) stolen one mobile phone with the market value of KRW 850,000,000 at the inside of the said house; (d) one cell phone with only KRW 31,00, 31, agricultural credit card 1, and one driver’s license.

2. On November 1, 2010, around 05:00, the Defendant attempted to larceny at night, and was collected from the victim X, the first floor of the W multi-household house in Bupyeong-si in Bupyeong-si on November 1, 2010. On the other hand, the Defendant did not commit an attempted crime by deeming that the scambling was coming from the inside of the scam pipe, and that it did not go against the wind to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of X;

1. A report on occurrence (thief), each investigation report (17 pages, 192, 211, 266-1, 267 of evidence records);

1. Application of the Act and subordinate statutes to the records of the case (victim T) dated 13, 2010, and the records of the case (victim V) dated 08, 2010

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Article 330 of the same Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] There is no person (one year to two years and six months) in the basic area (the person who is subject to special sentencing] [the decision of sentencing] (the number of crimes in this case and the number of crimes committed in light of the number of crimes in this case, the fact that the nature of crimes is not good, and the fact that damage is not recovered.

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