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(영문) 부산지방법원 서부지원 2018.04.24 2018고단241

야간주거침입절도

Text

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

Seized evidence No. 5 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On January 18, 2017, the Defendant was sentenced to ten months in prison at night in Busan District Court’s branch branch, and completed the execution of the sentence in Busan District Court on September 11, 2017.

[Criminal facts]

1. The Defendant committed the crime against the victim C at around 03:0 on January 19, 2018, at the time of the Victim C’s house located in Busan Seo-gu, Busan, the Defendant laid down the 2nd floor toilet window beyond 10,000 won of cash, which is the victim’s possession, from the wall wall where the 600,000 won and the 600,000 won and the 600,000 won and the 600,000 won and the 75th,000,000 won of the 2nd, which were the victim’s possession of the 2nd, were invaded on the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 1st of the 2nd of the 2nd of the G.

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. G statements;

1. Each investigation report, each internal investigation report, and the report on the results of field inspection;

1. A protocol of seizure and a list of seizure;

1. Photographs of the scene of crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in addition to a copy of the judgment attached to the same type of force);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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

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

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

1. Application of the sentencing criteria;

(a)the scope of the recommended sentence (of note 1, 2, 3) general property;