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(영문) 수원지방법원 안양지원 2016.09.09 2016고단1318
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. 피해자 C에 대한 야간 주거 침입 절도 피고인은 2016. 7. 22. 01:00 경 의왕시 D에 있는 피해자 C의 집에 이르러, 반쯤 열린 현관 철문을 열고 침입한 다음 현관 오른쪽에 있는 방에 들어가 책상 위에 놓여 있던 힙 색가방에서 피해자 소유의 농협은행 통장 1개를 가지고 나왔다.

2. On July 22, 2016, the Defendant released the deposit amount of KRW 1,60,000 in total five times in the same manner as written in the list of annexed crimes, from 39,00 to 365,00, a 39,00,000, at the 39,000, JH Nonghyup Bank (State) around July 22, 2016, the Defendant: (a) inputs the passbook that the Defendant stolen and stolen; and (b) withdrawn the cash amount of KRW 90,000 owned by the Victim NH Nonghyup Bank (State) by entering the password; and (c) from that date, the deposit was withdrawn in the same manner as written in the list of annexed crimes.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (date of confirmation, etc.);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (i.e., theft of intrusion at night) concerning facts constituting an offense, and Article 330 of the Criminal Act (a comprehensive election of imprisonment, with prison labor);

1. In the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act to increase concurrent crimes [the scope of recommendations in the sentencing guidelines] 1: Night intrusion - Crimes of Type IV (1 to 2 years) in the basic area (1 to 6 months) (one year and six months): thief in the second sentence area (the general larceny between June and one year) of the thief in the basic area (the decision of sentence): One year to three years [the decision of sentence] - Unfavorable circumstances: The history of preventing the same kind of crime during the suspension period of the execution of night-time structure larceny; all times the same kind of larceny has been committed; normal circumstances:

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