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(영문) 창원지방법원 2017.11.03 2017고단3141
주거침입등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Changwon District Court for fraud, and the said judgment became final and conclusive on September 15, 2017.

On August 29, 2017, the Defendant: (a) around 11:50 on August 29, 2017, the Defendant: (b) entered the boiler room and intruded on the residence of the victim, beyond the throstum of the victim D, located in Sungwon-si C1, Sungwon-si, Sungwon-si; and (c) went into the boiler room.

around 02:30 on August 22, 2017, the Defendant: (a) opened a studio that did not correct and correct other’s property at the residence of the victim B located in Seongbuk-gu, Seongbuk-gu; and (b) invaded into the living room and stolen the cash amounting to KRW 10,000, KRW 100, KRW 100, KRW 100, KRW 100,000, KRW 1,000, market price of the new bank head; and (c) cut it.

Summary of Evidence

1. For previous convictions in judgment: "Inquiry about criminal history, each investigation report (the attachment of a sentence, confirmation date of confirmation, and attachment of related judgments)".

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Arrest report on occurrence of a larceny case, report on internal investigation (on-site investigation status, etc.), and report on investigation (in the form of escape after the crime is committed by a person who has committed such crime);

1. On-site photographing photographs "2017 Highest 3154";

1. Statement by the defendant in court;

1. B written statements;

1. Each investigation report (with respect to tracking the suspect's mobile wire, specifying the suspect);

1. Application of Acts and subordinate statutes to photographs and photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 330 of the Criminal Act (the point of larceny upon residence at night) concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. After Article 37 of the Criminal Code, the sentencing guidelines shall be followed.

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