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(영문) 청주지방법원 영동지원 2017.05.02 2017고단43
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny in the Jeonju District Court’s Eup branch, and on December 5, 2015, the execution of the sentence was terminated.

1. On February 23, 2017, the Defendant infringed upon a residence: (a) opened a first floor door that was not set up by the victim D’s three-households located in Chungcheongbuk-gun C, Chungcheongnam-do; and (b) opened a third floor door to the third floor rooftop through stairs, and went into the house and intrudes the victim’s residence.

2. The Defendant attempted to larceny infringed upon the victim’s residence at the time, time, and place described in paragraph 1, and then obstructed the victim’s property from around the entrance of the first floor, stairs, third floor rooftops, third floor entrances, etc., and then obstructed the victim’s attempted attempt without thefting the victim’s property from the sound that the victim kidscened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 15 copies of on-site photographs, CCTV actual time photographs and caps photographs, and CCTV images taken in a victim's residence;

1. Criminal records as indicated in the judgment: To apply a reply to inquiry, such as criminal history, 7 copies of the judgment, 1 copy of the summary order, 1 copy of the summary information inquiry of the case, and 1 copy of the personal expropriation status;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329 (a point of attempted larceny) of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

3. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes.

1. The sentencing criteria are not prepared for application of the sentencing criteria;

2. The instant crime of this case, which was determined to be sentenced, was committed in an attempted attempt.

At present, the defendant does not want to punish the defendant in agreement with the victim.

The defendant shows the attitude to recognize and reflect the crime.

However, on the other hand, the defendant had a number of criminal records in the same kind.

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