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(영문) 수원지방법원 여주지원 2020.02.17 2019고단1206
상습야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

The evidence Nos. 4 through 7, 9 through 12 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal power] On January 20, 2017, the Defendant was sentenced to three years of imprisonment by the Jeonju District Court due to habitual, night, intrusion upon residence, larceny, etc., and on June 24, 2019, the Defendant’s previous convictions of the same kind were seven times more than the end of the enforcement of the sentence.

【Criminal Facts】

At around 18:00 on November 15, 2019, the Defendant: (a) intentionally invadedd a human’s residence at night on four occasions in total, including the following: (b) the Defendant: (c) committed an attempted theft or theft of another’s property by breaking the gas pipeline installed in the said house; and (d) breaking up the gas pipeline installed in the said house; and (c) invaded upon the victim’s house inside the victim’s house; (d) the Defendant did not enter the door that was corrected; (c) but did not enter the door that was corrected; and (d) committed an attempted theft or theft of another’s property, by habitually impairing the victim’s house at night, from November 18:20, 2019 to November 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, D, and G;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A report on the results of field identification;

1. All on-site photographs;

1. Real-time video recording of field CCTV;

1. Analysis of movement routes of the suspect before and after the crime and specific photographs of the vehicle operated;

1. Previous convictions in judgment: Criminal records and investigation reports (reports prior to disposition, results confirmation reports, and confirmation reports on the date of release);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Articles 332 and 330 of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Aggravation of the recommended punishment according to the sentencing guidelines [decision of types].

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