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(영문) 제주지방법원 2016.08.31 2016고단1067
주거침입등
Text

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

Reasons

Punishment of the crime

1. On April 30, 2016, the Defendant violated his residence: (a) around 16:00, the Defendant: (b) committed electrical construction on the victim J’s house located in Jeju-si I building B; (c) and (d) stolen property from the victim J, and (d) had known in advance, and opened a door to the victim’s residence and intruded the victim’s residence.

2. The Defendant: (a) committed theft with 24 precious metals worth KRW 8 million in total market value, including Dai-ro 2, and Doi-ro 2, a victim, who was in custody on the doors inside and outside of a place; (b) the market value of the victim’s possession, which was in custody on the doors inside and outside of a place, of KRW 1 million; and (c) stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. A report on investigation (where such report is filed);

1. Protocols of police seizure and list of seizure, related photographs and orders;

1. Application of investigative reports (investigation into related to damaged articles), photographs of seized articles, and Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 319(1) of the Criminal Act and Article 329 of the Criminal Act (the point of intrusion upon residence); Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: It shall be decided as per the disposition for not less than the reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

The basic area of larceny that intrudes on the grounds of sentencing (within the scope of the sentencing guidelines): one year and two years: the defendant was sentenced to a suspended sentence of five months on April 15, 2015 due to the intrusion of structures at night at night (No. 2015No. 342) in the main branch of the Chuncheon District Court on April 15, 2015; he again commits the same offense in the present appellate trial; two times before the same offense and two times [the first branch of the Chuncheon District Court for the special larceny on February 26, 199; two years after the suspended sentence of imprisonment for eight years; ② the Seoul District Court for the larceny on August 14, 2013];

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