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(영문) 서울중앙지방법원 2020.11.18 2020고단5001
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On July 15, 2005, the defendant was sentenced to 15 years of imprisonment with prison labor for robbery, etc. at the Busan District Court on May 8, 2020, and the execution of the sentence was completed at the smuggling detention center on May 8, 202, and on July 8, 2020, the Seoul Central District Court sentenced six months of imprisonment with prison labor for special property damage, etc., and the judgment became final and conclusive on July 16, 2020.

【Criminal Facts】

1. Crimes committed on May 20, 2020;

A. Around 12:00 on May 20, 2020, the Defendant invaded upon the victim’s residence by admitting the corridor of the floor where the victim C resides, through an open entrance of multi-household houses located in Gwanak-gu, Seoul Special Metropolitan City.

B. The Defendant of larceny No. 1

At the same time, there were three plastic boxes with a total of 1,60,000 won of the market value of the above victim's possession, which was in the corridor of the above multi-household housing.

2. The crime committed on May 22, 2020

A. On May 2, 2020, the Defendant intrusioned upon the victim’s residence by entering the said victim’s laundry room on the laundry room in the laundry room in which the said victim resides, through the open entrance of the said multi-household housing around 15:35.

B. The Defendant of larceny No. 2

항과 같은 일시경 위 다세대 주택 지층의 세탁실에 있던 위 피해자 소유인 시가 합계 150만 원 상당의 첼로케인 자전거 1대를 가지고 가 이를 절취하였다.

Summary of Evidence

1. A witness C, D, and E’s report on the occurrence of each legal statement (including personal intrusion, etc.), on-site photographs, investigation reports, photographs of damaged articles, CCTV-cap photographs, CCTV-cap photographs, inquiry report on video-cape images, personal accommodation status, Busan District Court Decision 2005No245, Busan High Court Decision 2005No480;

1. Application of the Acts and subordinate statutes concerning the progress of the case by Seoul Central District Court Decision 2020 Godan3701, Seoul Central District Court Decision 2020 Godan3701

1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence) and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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