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(영문) 수원지방법원 성남지원 2017.12.20 2017고단3092
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 25, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for residential larceny at night in support of the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea. On June 1, 2016, the Defendant was sentenced to six months of imprisonment with prison labor from Suwon branch of the Republic of Korea to the same crime. On June 28, 2017, the Defendant completed the execution of the sentence in the first school branch of the North Korean branch of the North Korean branch of the North Korean branch of the North Korean branch

[Criminal facts]

1. Night-time theft;

A. On October 24, 2017, around 02:30 on October 24, 2017, the Defendant: (a) opened an unlocked gate and intruded into the inner part of the victim D’s residence located in Sungnam-si, Sungnam-si; and (b) cut off one of the market prices, which is the victim’s possession.

B. On November 7, 2017, at around 02:35, the Defendant: (a) opened an unlocked gate and intruded into the living room; and (b) stolen the cash amounting to KRW 186,00,00, from the victim’s wall on which he/she was on his/her deposit, with the victim’s 186,000, in total, owned by the victim.

2. On October 24, 2017, the Defendant attempted to larceny at night, at around 04:00, at the victim H’s residence in Manam-si, Sungnam-si, the Defendant opened an unlocked gate and intruded into the house, and did not commit an attempted theft, but did not reveal that the Defendant was aware of the victim to enter the living room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H and I by the police;

1. A written statement of I and F;

1. Investigation report (verification of details of handling reported cases) (12);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the filing of current status of acceptance by each suspect A, report on confirmation of suspect A confinement records);

1. Relevant Article 330 of the Criminal Act (a thief by intrusion upon residence at night), Articles 342 and 330 of the Criminal Act (a thief by intrusion upon a structure at night) concerning criminal facts;

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

1. Comprehensive account of the following factors: (a) the Defendant’s age, sexual conduct, environment, and motive for the instant crime; and (b) the sentencing conditions indicated in the present arguments and records, such as the reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, shall be comprehensively considered.

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