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(영문) 인천지방법원 부천지원 2015.05.22 2015고단824
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 20, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. in the Busan District Court’s Branch Branch of the Incheon District Court on December 20, 2013, and completed the execution of the sentence in the first prison of the North Korean defectors of the North Korean Peninsula on October 19,

【Criminal Facts】

On April 7, 2015, at around 11:20, the Defendant: (a) opened a gate in which the location of the object to be stolen was not corrected; (b) opened a house; and (c) intruded on the residence of the said victim, through stairs, up to the front of the fourth floor of the house, through the stairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (personal inquiry into the current status of personal inquiry to confirm whether a repeated offense is committed);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the Defendant committed the instant crime that had been punished due to night residence intrusion theft, etc., even though he had been punished for a repeated crime, and committed the instant crime again for the purpose of larceny; the Defendant may have the record of being punished for larceny; the Defendant’s confession and reflects against the Defendant; favorable circumstances, such as the fact that the Defendant is committing a crime; the Defendant would not be punished again in the future; and other favorable circumstances, such as the Defendant’s age, character and conduct, and circumstances after the crime, etc., are considered in consideration of all the sentencing conditions indicated in the instant pleadings.

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