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(영문) 수원지방법원 평택지원 2017.07.06 2017고단896
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On March 27, 2014, the Defendant was sentenced to two years and six months of imprisonment for a special robbery, etc. by the Seoul High Court, and the period of parole passed on November 30, 2015 during the execution of the sentence at a female prison.

[Criminal facts]

1. At night, the Defendant was in violation of the said Act from around September 14, 2016 to around 23:50 on the same day.

F. 15. Around 00:00, a 80,000 won in cash owned by the victim and was stolen after opening a gate that was not corrected at the victim D’s residence in Ansan-si, and intrusion into the house.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

2. On September 15, 2016, the Defendant attempted to larceny upon residence at night, opened a gate that was not corrected at the place described in the preceding paragraph 1. Around 01:50 on September 15, 2016, and intrude into the house, and subsequently attempted to steals the said victim’s property, but did so with the wind that was discovered by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. On-site photographs and investigation reports (CCTV analysis);

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the points of larceny at night) Articles 330, 342, and 330 (the points of attempted larceny by intrusion upon residence at night);

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances as the grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

- As for the same crime, each of the crimes of this case has been committed again during the period of repeated crime, provided that the degree of damage caused by each of the crimes of this case is insignificant. - The defendant is against his mistake.

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