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(영문) 서울동부지방법원 2014.06.12 2014고단1158
주거침입등
Text

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

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of intrusion upon residence and larceny at the Seoul East Eastern District Court on March 4, 2013, and completed the execution of the sentence.

【Criminal Facts】

1. On April 25, 2014, around 12:30 on April 25, 2014, the Defendant: (a) confirmed that there was no person inside the house by leaving the entrance door; (b) opened the entrance door and opened the entrance door by sticking it onto the said key hole.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant: (a) intruded into the victim’s house at the time, place, as mentioned in paragraph (1); (b) creshed the victim’s house; (c) creshed the cresh in the house; and (d) laid down the swine spawn on the cremation box, which was located there, and collected approximately KRW 1,50,000,000, the victim’s possession.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Police seizure records and photographs of seized articles;

1. Previous convictions indicated in judgment: Criminal records, results of search of prisoners, and application of investigation reports (verification of criminal records and repeated crimes) Acts and subordinate statutes;

1. Articles 329 and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] General Property, which does not fall under the aggravated area (1 year and six months to four years) (1 year and six years) (1 year and four years), the subject of aggravation (1 year and six years), the Defendant was punished as imprisonment or a fine, etc. for the same kind of crime, and the Defendant was punished as imprisonment or a fine, etc. on several occasions for the same crime.

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