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(영문) 전주지방법원 2015.11.27 2015고단1682
상습야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 22, 1999, the Defendant was sentenced to ten months of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at a Suwon District Court’s horizontal site. On November 18, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny in a military mountain support of the Jeonju District Court, and on April 9, 2014, the Defendant was sentenced to three years of suspension of the execution of one year of imprisonment with prison labor for night, intrusion upon residence, larceny in a military mountain support of the Jeonju District Court.

At around 04:00 on August 11, 2015, the Defendant infringed on the victim’s room through the main window located in Seojin-gu, Seojin-gu, Seoul, by entering the victim’s house, and carried out 350,000 won in cash owned by a TV (LG products-32) and a consignee, which was located on the part of the victim’s house located in the weste.

In addition, from September 7, 2014 to August 11, 2015, the Defendant had 31,500,000 won worth of the market price by means of intrusion upon the victims’ residence at least 25 times as shown in the annexed crime list.

Accordingly, the defendant habitually intruded the victims' residence and stolen the property at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, J, K, K, L, M, N, P, Q, R, T, U, V, W, X, Y, and Z;

1. Each investigation report, each report on the occurrence of a crime, each protocol of seizure, and each report on the occurrence of a thief;

1. On-site photographs, on-site photographs, photographs of each damaged site, ctv photographs, and photographs of each scene of crime;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. The reason for sentencing under Article 332, Article 330, and Article 329 (Overall Control) of the Criminal Code for criminal facts of this case is that the defendant committed all of the crimes of this case against his mistake, the defendant voluntarily surrenders to the investigative agency, and the victim I andO.

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