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(영문) 창원지방법원 2017.08.03 2017고단2236
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny, etc. at the Busan District Court, and was exempted from the execution of the remaining punishment on August 14, 2015 at the Busan District Court on the special amnesty on August 14, 2015, and on June 21, 2017, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny, etc. at the Changwon District Court and was appealed by the Defendant and is currently in the appellate trial.

On August 17, 2016, at around 05:00, the Defendant: (a) opened and intruded the above house gate that was not corrected for the front of the victim’s house located in Busan Shodong-gu, Busan; and (b) used Lmmmax570 bicycles equivalent to the market price of KRW 350,000 at which the house was set up in the Mammax570; and (c) committed a theft by intrusion upon another’s residence at night over 13 times from January 29, 2017, such as the list of crimes in attached Form 13, as in the list of crimes, or by intrusion upon another’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D, E, F, G, H, and I;

1. J, K,

L. Each written statement of M

1. Report on the occurrence of each theft (No. 6,9,12,70 No. 50);

1. Each investigation report (No. 16,28, 59, 62, and 66), respectively;

1. Each report on internal investigation (No. 52,53,75 No. 52,53);

1. Documents printed out during the time from sunrise to sunset;

1. The details of each currency (No. 67,68 No. 53 of the evidence list);

1. Each photograph (Evidence Nos. 5, 10, 14, 22, 24, 50, 54, 60, 61, 63, 72, 76, and 78 of the evidence list);

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (verification of the same kind of records), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 330 of the Criminal Act concerning the selection of punishment (the occupation of larceny at night), Article 329 of the Criminal Act (the intention of Section 329), Article 329 of the Criminal Act (the choice of each imprisonment), Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of each imprisonment);

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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