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(영문) 서울중앙지방법원 2017.09.14 2017고단5487

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 20, 2017, around 15:00, the Defendant opened and intruded with a 1st floor living room office underground of the “maid church” located in Jung-gu Seoul, Jung-gu, Seoul, 8:32, a 15:0,000, an entrance was not corrected, and then used a Kamera room with a 1 million won digital camera at the market price owned by the victim C, which was placed on the top of the maid.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police against C;

1. Application of investigation reports (related toCCTV verification investigation, identification of route preferential cards, and inquiries about route preferential cards);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 of the Criminal Act, the choice of a punishment against a crime (a violation of a structure), and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment for the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the punishment [the scope of the punishment] for general property, where the area of mitigation (eight months to one year and six months) (the special mitigated person] intrudes into any place other than indoor residential space (the four types);

2. In view of the fact that the Defendant, who was sentenced to a sentence, committed the instant crime more than ten times, and the Defendant committed the instant crime again during the period of the suspension of execution, even though he committed the same criminal act before and after the said sentence was imposed two times as a result of the same crime, the Defendant committed another crime under the suspension of execution.

However, the defendant is aged, the confession of the crime of this case, and the mistake is divided, the damaged things have been restored, and other circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, motive for the crime, and circumstances after the crime, shall be determined within the scope of the recommended punishment, in consideration of the overall circumstances shown in the arguments of this case.