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(영문) 서울남부지방법원 2016.04.08 2015고단2418

절도등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2014, from around 03:00 to 06:00 on the same day, the Defendant stolen the Defendant, holding one key, one credit card (national), 10,000 won in cash, and one hundred won in the bank, from the victim D’s house located in Yeongdeungpo-gu Seoul Metropolitan Government to the victim D’s house located in Yeongdeungpo-gu, Seoul Metropolitan Government, by using the gaps in which the victim was locked, and continuously in front of the F cafeteria located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and opened an entrance and intruded into the entrance, using the aforementioned stolen key, and then cut the Defendant’s 10,000 won in cash, which was the victim’s money owned by the said victim, and KRW 80,000 in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of D in the second-time police interrogation protocol against the accused in the suspect interrogation protocol;

1. Written statements of D;

1. Reporting on occurrence of a disaster;

1. Protocol and list of police seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 329 of the Criminal Act (a point in Section 329) and Article 330 of the Criminal Act concerning the crime (a point of larcenying a structure at night);

1. Selection of imprisonment with prison labor for selective larceny of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Class 1 crime (a.g., theft of a structure at night) / [a.g., theft of general property] 4 types (a.g., theft of intrusion) [a person in charge of special sentencing] mitigation factors (a.g., in the sphere of recommendation] mitigation [a., the scope of recommendation] mitigation area / [a.g., the scope of recommendation / from August to one year and six months [a person in charge of general sentencing] aggravation factors (a person in charge of the same kind of criminal offense (less than 10 years after completion of execution)

B. From April to October [the scope of the recommended sentence] 4 to 10 months [the general sentencing factors] in the mitigated area of Class 2 (general larceny) [the person who is subject to special sentencing] mitigation [the person who is subject to special sentencing] in general property] (the scope of the recommendation] [the person subject to special sentencing] aggravated factors [the person subject to aggravated punishment] [the same criminal records (the 10 years after the completion of execution] that are not subject to repeated crimes.