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(영문) 대전지방법원 천안지원 2017.04.20 2017고단619
야간주거침입절도등
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than eight months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

[2] On May 2, 2013, the Defendant was sentenced to two years of imprisonment due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Branch on May 2, 2013 and completed the execution of the sentence on March 15, 2015.

On October 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor due to nighttime intrusion larceny, etc. at night in the same court, and the judgment became final and conclusive on November 4, 2015, and completed the execution of the sentence in the astronomical Prison on August 25, 2016.

[Criminal facts]

1. At night, the Defendant: (a) around 00:58, Jun. 17, 2015, the Defendant: (b) 101 of Asan-si (hereinafter “Eel”); (c) opened a locked-free visit; and (d) intrudes into the said heading room by entering the said heading room; (b) 2.50,00 won in cash owned by the victim, credit card, one cash card, one resident registration certificate, one copy of the driver’s license, and one copy of the driver’s license; and (c) cut off with the locking-out and the locking-out, each of which contain the above heading.

2. On September 27, 2016, the Defendant attempted to larceny at night, and around 23:5 on September 27, 2016, the victim G in Asan-si: (a) opened an unlocked visit and entered the said heading room; and (b) intruded into the said heading room; (c) the victim’s shopping bags behind the victim’s shopping bags located on the locked floor, and found a stolen object, she was frighted to the victim and attempted to turn back from the locking.

Summary of Evidence

[Case No. 1]

1. Statement by the defendant in court;

1. Written statements (D);

1. On-site photographs;

1. Investigation report (the analysis of CCTV on-site and the verification of CCTV, etc. in the case);

1. Statement by the defendant in court;

1. A written statement (G);

1. On-site photographs;

1. Investigation report (Comparison of the appearance of a suspect A and CCTV) (the record of a repeated crime under Article 35 of the Criminal Act and the record of a single concurrent crime under Article 37 of the Criminal Act);

1. Written inquiry about criminal history, etc.;

1. The investigation report (in addition to the current status of confinement for each suspect) 1.

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