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(영문) 대전지방법원 2016.06.22 2016고단1210

절도등

Text

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

Seized evidence No. 5 shall be confiscated.

Reasons

Punishment of the crime

1. Intrusion upon residence, theft Defendant: on March 31, 2016, at around 14:00, opened a corrected studio using a key tendinger in possession of the victim D in Ulsan-gu, Ulsan-gu, U.S., and enter the 2,000 won in cash from the victim’s wall on a small protective book;

In other words, he stolen the property owned by the victim and intruded on the residence of the victim.

2. On March 24, 2016, around 15:00 on March 24, 2016, the Defendant: (a) went into the house in front of the victim F’s house located in Daejeon Seo-gu, Daejeon; (b) opened the entrance door using the tools in front of the entrance; and (c) colors the front door door door and the cremation dypump in order to steal property into the room; (d) on the other hand, the Defendant did not find any stolen objects; and (e) did not intrude into the victim’s residence, and infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Each CCTV image data, photograph-in-case site, and on-site photographs;

1. Application of Acts and subordinate statutes of protocol of seizure and list of seized articles, photograph of seized articles (Evidence Nos. 30, 31, 36);

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (a point of Section 3, a choice of imprisonment), Article 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment), Articles 342 and 329 of the Criminal Act (a point of attempted larceny, and choice of imprisonment);

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

A. The scope of recommending punishment for the crime described in paragraph (1) of the holding [the scope of recommending punishment] the mitigated area (from August to one year and six months) of the mitigated area (from August to one year and six months)

(b) Application of standards for handling multiple crimes: Imprisonment with prison labor for not less than 8 months (inasmuch as there exists concurrent crimes for the attempted larceny for which no sentencing criteria are set, the maximum sentence shall be observed only by the lower limit and the upper limit shall not be considered);

2. The amount of damage determined by the sentence shall be minor and the amount of damage shall be reasonable.