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(영문) 창원지방법원 거창지원 2018.09.19 2018고단153

절도등

Text

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

Reasons

Punishment of the crime

[Criminal record] On November 29, 2012, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu High Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence at the Daegu Prison on May 31, 2016.

[Criminal facts]

1. On March 25, 2018, the Defendant invadedd the victim’s house in Jinju-si, by an entrance that was not set up in the house of the victim in Jinju-si, from March 25, 2018, and then stolen the victim’s cash 43,000 won from the clothes suffering therefrom.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. The Defendant committed a crime against the victim D around April 20, 2018, when around 15:10, around 15:10, at the time of the victim’s home located in Gohap-gun E, Nam-gun, with the intent to steal money and valuables by having the victim enter the house, having the kitchen installed through the entrance, without the locking entrance, and had the kitchen applied the stolen goods to the kitchen, but did not have the intent to escape from the wind, which was discovered to the victim returned home.

Accordingly, the defendant invadedd the victim's residence, and attempted to steals the victim's property, but attempted to commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. B written statements;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on criminal history and period of repeated crime);

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (absent point, choice of imprisonment), Articles 342 and 329 of the Criminal Act (absent point of larceny, choice of imprisonment), Article 319 (1) of the Criminal Act (absent point of intrusion upon residence and choice of imprisonment);

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

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes prescribed by the most severe larceny];

1. The scope of punishment by law: Imprisonment with prison labor for not more than 18 years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. The thief of larceny in its holding [criminal types].