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(영문) 광주지방법원 순천지원 2016.01.25 2015고단2390
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On January 21, 2010, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Larceny Rape, etc.) at the Jeonju District Court, and completed the execution of the sentence at a military prison on September 20, 2014.

[2] On November 16, 2015, from around 02:37 to around 02:57, the Defendant: (a) was living in front of a house where the victim D, or the victim who was in the vicinity of the E couple’s residence, resides; (b) went to the front of a house where the victim was living in his/her house; and (c) went to the second floor of his/her house after having opened the second floor of the victim’s house of the victim who was immediately adjacent to his/her place and opened the second floor door in an irregular way; and (d) took 2,00 won in cash inside the wall of the victim D, and took 75,000 won in cash from the Handbags of the victim E., who was on the opening of his/her house, and was on the opening of the ward.

Accordingly, the defendant invadedd the victims' residence at night, and stolen 77,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each report on internal investigation:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (personal identification and acceptance status), and text 6 of the judgment;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Determination of the type] 4 types of theft (special sentencing) [person who is in charge of larceny] for general property - The factors to be mitigated - The factors to be aggravated : In terms of aggravation of punishment - the range of mitigation [decision in the sphere of recommendation] of the same repeated crime (decision in the sphere of recommendation] [decision in August - 1 year and 6] mitigated area (decision in the sphere of recommendation] / The defendant led to the confession of and reflect against the instant crime, the amount of damage is relatively minor, and the fact that the victim has agreed with is favorable to the defendant

However, the crime of this case committed by the defendant was committed by intrusion upon another person's residence at night, and the crime was committed.

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