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(영문) 서울동부지방법원 2015.09.25 2015고단2349

절도등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Seoul East Eastern District Court on July 26, 2014, and completed the execution of the final sentence at the Ganbuk Vocational Training Correctional Institution.

【Criminal Facts】

Between May 13:00 on the same day and around 14:00 on the same day from May 4, 2015 to around 14:00 on the same day, the Defendant d's house of the victim located in Gwangjin-gu Seoul Special Metropolitan City, and infringed upon the victim's house of the victim by taking away the gap by hand, and by taking advantage of the gap, 5:40,000 won in cash, which was in the face of the intrusion, from around that time to July 29, 2015, the Defendant invadedd the victim's house by the same way seven times in total, as shown in the list of crimes, and attempted to steals the victims' property as described in No. 1 to 7, and attempted to steals the victim's property as described in No. 1 to 7.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Each statement of D, G, H, I, J, K and E;

1. Records of seizure and the list of seizure;

1. All on-site photographs;

1. Previous records of judgment: Results of the search of prisoners, references to criminal records, and application of statutes (Evidence records 1599-1603, page 1603);

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Class 1 (B) of the recommended sentence according to the sentencing guidelines for general property (the scope of recommending punishment) is the aggravated area (one year and six months to four years) of the aggravated area (1 year and six months to four years) of the aggravated area (1 year and six months) of the aggravated area (2) of the same repeated crime (the specially under) [the scope of recommending punishment] of the general property. The aggravated area (1 year and six months to four years) of the aggravated area (1 year and six months) of the punishment.