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(영문) 서울남부지방법원 2018.12.18 2018고단1635
방실침입등
Text

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

Reasons

Criminal facts

On March 15, 2012, the Defendant was sentenced to five years of imprisonment by the Seoul Central District Court on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting between persons with disabilities, etc.). On February 14, 2017, the Defendant completed the execution of the sentence by the first school of the North Korean Northern Island on February 14, 2017.

On October 18, 2017, the Defendant, who had resided in “C Public Notice Host” D located in Yeongdeungpo-gu Seoul Metropolitan Government, entered into and intruded into the telecom on October 10, 2017, and then cut off the bank located in such area, and then cut out KRW 770,000 in cash owned by the Victim F.

L. A. L. theft was committed.

On March 15, 2012, the Defendant was sentenced to five years of imprisonment by the Seoul Central District Court on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting between persons with disabilities, etc.). On February 14, 2017, the Defendant completed the execution of the said sentence by the first school of the North Korean Northern Island on February 14, 2017.

On May 27, 2017, the Defendant: (a) at the “H church” dormitory located in Daegu Northern-gu G on May 27, 2017, the Defendant: (b) separated the victim I living in the side room from the door door door by taking advantage of the gap between the victim’s visits; (c) intruded into the door door; and (d) stolen the victim’s wall owned by the victim on his/her face with cash of KRW 270,000.

Summary of Evidence

[2018 Highest 1635]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Confirmation of the personal information referred to in subparagraph D of the C Public Notice Board);

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), report on investigation (prior convictions), and report on investigation (former convictions 6229);

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. Investigation report (for the confirmation of the victim or suspect's residence);

1. Photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), reports on investigation (verification of repeated facts), and application of Acts and subordinate statutes on personal confinement;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of room rooms, choice of imprisonment), Article 329 of the Criminal Act (influence of intention, choice of imprisonment), Article 331(1) of the Criminal Act (influence of special larceny) concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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