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(영문) 창원지방법원 마산지원 2013.07.26 2013고단467
주거침입등
Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on January 6, 2011, and was released on August 14, 2012 in a so-called ¡°so-called ¡°so-called¡± prison on parole on September 28, 2012 and has four times of criminal records, such as the expiration of the parole period.

Around 15:00-16:00 on May 24, 2013, the Defendant intruded into the inner bank through the heat-free window of 103, the victim D’s 24K, the victim’s possession, 24K 1 (0.5 m), 24 K k mpher, 1 (10 mpher), 24 K mpher, 1 (10 mpher), 24 K mpher, 1 (10 mpher), 24 K mpher, 1 (8 mpher), 18 K mpherb, 3, 18 K mpherbine (3.5 mpherb), 18 K mpherb, 18 K malk’s 18 mar (7.5 mpherb), 108 mar and 400 mar, 106 mar,25 mpher.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification of market price of the concerned goods);

1. Application of Acts and subordinate statutes to investigation reports (pre-offender of repeated crimes and fact-finding);

1. Relevant legal provisions concerning facts constituting an offense: Articles 319 (1) and 329 of the Criminal Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Aggravation of concurrent crimes: The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are against the defendant, but recidivism during the period of repeated crimes, and the facts not agreed with the victim, and other circumstances constituting the sentencing conditions indicated in the records of this case shall be determined as ordered in consideration of the sentence.

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