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(영문) 서울동부지방법원 2015.11.20 2015고단1154
상습절도미수
Text

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

Reasons

Punishment of the crime

On August 21, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on August 21, 2012, and completed the execution of the sentence on November 12, 2013.

1. On April 7, 2015, the Defendant came to the multi-household housing in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and went to the front of the Victim D’s house through open gates.

2. On April 7, 2015, around 11:36, the Defendant entered the victim F’s house located in Gwangjin-gu Seoul Special Metropolitan City E 101, and entered the front of the house through an open gate.

3. On April 7, 2015, around 11:38, the Defendant entered the victim H’s house located in Gwangjin-gu Seoul Special Metropolitan City G 102, and entered the front of the house through an open gate.

4. On April 7, 2015, between 11:39 and 11:48, the Defendant entered the victim I’s house located in Gwangjin-gu Seoul Special Metropolitan City G 103, and entered the said house through open gates.

5. On April 7, 2015, the Defendant came to a multi-household house in Gwangjin-gu Seoul Special Metropolitan City on April 13:43, 2015, and went to the front of the Victim K’s house through open gates.

6. On April 7, 2015, at around 14:07, the Defendant found the keys to put the victim M in the victim’s house located in Seongdong-gu Seoul Metropolitan L 1st century in the front door, and used it to open a door door and enter the house room.

Accordingly, the defendant infringed upon a human habitation.

Public Prosecutor :1. Intrusion into D’s house;

2. Intrusion upon F’s house;

3. Intrusion upon H’s house;

4. There is no stolen object while searching for a stolen object by entering the I's house living room; and

5. Intrusion upon K’s house;

6. The facts charged that the Defendant was indicted for attempted habitual larceny, but selected the charges of housing intrusion, such as the above facts charged, on the following grounds: “The victim was discovered during the process of opening the Ma’s office door door and searching for the things to be stolen.”

To the extent that the prosecutor selectively added the facts charged.

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