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(영문) 대전지방법원 2015.06.05 2015고단1107

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 26, 2015, the Defendant, at around 20:30 on February 26, 2015, had two gold bars equivalent to KRW 700,000 of the market price owned by the victim and two gold bars equivalent to KRW 310,000 of the market price, which were located in a different place, due to the Plaintiff’s house located in Seo-gu Daejeon, in excess of the house fence and intrusion to the kitchen through the kitchen window, from the point of view of which the Defendant had two gold bars equivalent to KRW 60,00 of the market price, from that time to that point.

4. From July to July, each victim’s property was stolen in the same way as in the annexed list of crimes, respectively, on seven occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of E, F, G, H, I, J and D

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 330 of the Criminal Act selecting a punishment (the points of larceny at night), Article 329 of the Criminal Act, Article 319 of the Criminal Act (the points of larceny, the choice of each imprisonment), and Article 319 of the Criminal Act;

2. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the first crime [the scope of recommending punishment] 4 types of larceny in general property [the scope of recommending punishment ] mitigation area (8-1-6 months] / [the scope of recommending punishment / [the scope of recommending punishment ] Type 2 crime in livelihood [the scope of recommending punishment ] mitigation area (8-1-6 months), mitigation area (8-1-6 months), / [the scope of recommending punishment ] Type 3 crime in livelihood [the scope of recommending punishment ] mitigation area (8-1-6 months), mitigation area (8-1-6 months) [the scope of recommending punishment ] mitigation area of punishment for general property (the final sentencing scope of punishment pursuant to the increase of livelihood by a large number of crimes: the decision of punishment in August-29 [the decision of punishment], and it is deemed that the crime has been repeated once more and has intruded into another person's residence and thus has poor conditions, etc.

However, since there are favorable circumstances, such as the fact that the defendant acknowledges and reflects all the mistakes, the fact that the defendant committed the crime due to poor family conditions, and the fact that there is no criminal record of probation or higher prior to the instant case, it shall be reflected in the term of punishment.