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(영문) 광주지방법원 목포지원 2017.03.31 2016고단1574
주거침입등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, the charge of attempted larceny against C is acquitted.

Reasons

Punishment of the crime

[Criminal record] On January 12, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual larceny in the Magpoon branch of the Gwangju District Court on September 15, 2016 and completed the execution of the sentence.

[2] On September 1, 2016, the Defendant committed a larceny in order to raise living expenses while driving the telecom and PC without a certain occupation after being released from the lower court on September 2016.

On September 30, 2016, around 13:00 to 14:00, the Defendant opened a window at the victim E’s residence and intruded into the victim’s house through the said window to the victim’s house, thereby holding KRW 50,000 in cash owned by the victim, which was located in the victim’s room, strings, TV decoration, etc. from around 11 to November 15, 2016. In addition, the Defendant invadedd another’s residence over 11 times in total, such as the list of crimes, and attempted to steals or steals property, such as cash, 10 times in total, including the list of crimes, 1 through 8,10,111.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness F;

1. Each police statement made to G, H, I, J, and K;

1. A written statement of damage from L, M and N, and a written statement of damage from E;

1. Records of seizure (voluntary submission), list of seizure, evidence of seizure, reports on the results of field identification, appraisal records, and criminal investigation reports;

1. Data printed out of CCTV data in a wooden D building, printed out of seized photographs, printed out of the site photographs, and the suspect A's new photograph and satisfy;

1. Previous convictions in the judgment: (A) a statement of inquiry about criminal history, application of investigation reports (A), and application of Acts and subordinate statutes to the relevant judgment and confinement status;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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