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(영문) 대구지방법원 경주지원 2017.01.11 2016고단960
주거침입등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On June 21, 2013, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at Busan Correctional Institution on September 1, 2016.

[Criminal facts]

1. On December 2, 2016, the Defendant violated his residence: (a) around 10:58 on December 2, 2016, the Defendant confirmed that the gate was opened, and entered the house through an open gate with a theft and an open gate by confirming that the gate was opened.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant: (a) intruded the victim’s house at the time and place described in paragraph 1 as above, and followed the head of the U.S. room in the victim’s father, thereby holding USD 77,10 in total amount equivalent to USD 97,110 in the market value (USD), USD 5 (CAD: Canada currency), USD 70 U.S. (BAHT: Thailand currency); and 20 U.S. dollars (FRINT).

Accordingly, the defendant stolen the victim's property.

3. The victim’s intrusion upon the victim’s house at the date, time, and place mentioned in Defendant 1 of the assault, thereby thefting foreign currency. After continuing to duplicating property, the victim’s door was opened, and escaped out of the house, but the victim continued to scupposed the Defendant, “I Mara, I Mara,” and the victim was frighted to the victim by scuppting the stones on the road in which the victim did not stop, thereby threatening the victim to keep the scupposed.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Occurrence, arrest report, protocol of seizure, etc., site photographs, and stones possessed by the person who is being caught at the time of arrest;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation ( repeated crime and confirmation of the same kind of criminal record);

1. Article 319 of the Criminal Act applicable to the crime and Article 319 of the Criminal Act.

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