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(영문) 대구지방법원 안동지원 2018.09.14 2018고단447
야간주거침입절도등
Text

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

Reasons

Punishment of the crime

[criminal record] On January 20, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for the attempted murder in the Daegu District Court’s support, and on July 31, 2015, the Defendant completed the execution of the sentence in the Ansan Prison.

[Criminal facts]

1. From June 22, 2018 to June 23:30, 2018, the Defendant: (a) opened and intruded a shock network not corrected by DDa at night at the night at the night between the following day; and (b) stolen property by intrusioning another’s residence at night on four occasions in total, including four head of the agricultural cooperative, agricultural, forestry, cash, KRW 390,000,000, credit card, six keys; and (c) two keys of the two entrance and exit; and (d) a female night-fluor with one key; and (d) theft by intrusioning another’s residence at night at night from July 2, 2018, by using the same method as indicated in No. 1 to No. 4 of the List of Crimes, from July 2, 2018.

2. On July 9, 2016, the Defendant stolen the property owned by another person six times in total in the same manner as indicated in Nos. 5 through 10 of the List of Crimes in the attached Table from July 9, 2018 to July 9, 2018, the Defendant: (a) committed a theft with two panty panty lines owned by the victim, where coffee francing coffee francing a toilet, from the G Galle located in F at Andong-dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each statement of J, E,K, L, I, M, N, H,O, P and Q;

1. Protocols of each seizure and list of seized articles and photographs thereof;

1. A criminal investigation report (STV image verification), investigation report (Attachment of clothes to women at the time of on-site arrest), investigation report (S CCTV image data in front of RDa), investigation report (part of the facts constituting a crime (as amended, 6, 7) at the time of on-site arrest);

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A) and an investigation report (the latest report on criminal records, such as previous convictions of suspects and repeated crimes), to statutes;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon residence at night) concerning the facts constituting an offense, and Article 329 of the Criminal Act (a thief for intrusion upon residence, and a choice of imprisonment with prison labor);

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

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