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(영문) 창원지방법원 2017.03.22 2016고단3843
야간주거침입절도등
Text

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

Reasons

Criminal facts

On November 9, 2016, at around 20:50, the Defendant discovered the fact that the fire referred to in the above C401, which is the victim’s residence, was removed from the victim’s dwelling, and caused the intrusion upon the victim’s dwelling through the window that was installed on the above C’s outer wall, and was not corrected, then brought about the sum of the money and valuables equivalent to KRW 1,50,000, the market price of which is equivalent to KRW 300,000, 157,000, the market price of which is equivalent to KRW 32,000,000, the total amount of money and valuables of KRW 42,00,000, the market price of which is equivalent to KRW 157,000, the market price of which is equivalent to KRW 32,00,000, the market price of which is equivalent to KRW 42,00,300,000,000.

In addition, from April 2, 2016 to November 9, 2016, the Defendant invaded upon the victims’ residence at night, such as the list in the annexed crime list, and stolen the total amount of KRW 18,16,000 on five occasions during the night, and attempted to steal the property on four occasions in total, but did not result in attempted crimes.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Each statement of E, F, G, H, D, I, J, and K;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on appraisal receipts;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Articles 330 (the points of larceny at night) and 342 and 330 (the points of attempted larceny at night in intrusion upon residence) of each Criminal Act;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are divided in depth into and against the Defendant’s mistake, and the fact that the Defendant agreed smoothly with some victims is favorable to the Defendant.

On the other hand, the fact that the defendant has been punished for the same crime even before, and the number of the crimes in this case is not many, is disadvantageous to the defendant.

In addition, the motive, means, and results of each of the crimes in this case, records are recorded, such as the circumstances after the crime, the defendant's age, sexual conduct, intelligence, environment, family relationship, etc.

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