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(영문) 부산지방법원 서부지원 2019.09.26 2019고단1415
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 2, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor in the Busan District Court due to night residence intrusion theft, etc. on November 10, 2018 and completed the execution of the sentence in the Jinju Prison on November 10, 2018.

【Criminal Facts】

On March 25, 2019, at around 02:00, the Defendant opened a door door, which was not corrected in the place of the victim C’s house located in the Busan Seo-gu B and 4th floor, and came to commit larceny by intrusion upon the victim’s residence at night over nine times from around 2019 to May 30, 2019, and did not commit an attempted crime by impairing the victim’s residence at night, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of the victims (Evidence Nos. 2, 7, 19, 29, 35, 39, 40, 47);

1. Each investigation report (the sequence 3, 16, 33 in the list of evidence);

1. All on-site photographs;

1. A report on internal investigation (a copy of the table for handling cases reported 112);

1. Previous convictions in judgment: References to criminal records and investigation reports (verification of criminal records of the same kind A) shall be applied by statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes falling under any of subparagraphs 1 through 3 (Determination of Punishment at Night) thief [Article 4] thief [Special Aggravationd thief] thief] thief for general property: Reduction element of punishment in cases of intrusion larceny [Special stief] : Specific crime not falling under the aggravation of punishment: Reduction area of identical repeated crimes [Recommendation Area and Scope of Recommendation] mitigated area, 8 months through 1 months;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for at least eight months;

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