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(영문) 전주지방법원 남원지원 2020.01.21 2019고단303

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On November 19, 2019, the Defendant entered a house by opening a door and intrusion to the inside of the victim’s residence by means of cutting down the door door and the door door door door in the victim C located in the Namwon-si, Namwon-si.

2. The Defendant: (a) invadedd the victim C’s home room, such as the date, time, and place described in paragraph (1); and (b) stolen the victim’s cash holding the victim’s home located in the bee zone, by taking the victim’s cash holding in the bee zone.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of internal investigation reports (in addition to field photographs), investigation reports (in cases related to tracking the same line of male suspects of the 40 middle half half half half half grade), and statutes;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment);

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);

1. The scope of punishment by law: Imprisonment with prison labor for not more than nine years;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment]: Larceny (type 4) and intrusion theft (type 4) for general property: Reduction factors: Living type crime, non-conformity with punishment (the area of recommending and the scope of recommending punishment], special mitigation area, and four months to six months;

3. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances in the period of four months, taking into account the defendant's age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., and the scope of recommended sentences in the sentencing guidelines, as stated in the Disposition.

[Unfavorable Circumstances] On June 26, 2018, the Defendant was sentenced to a suspended sentence of six months for special larceny, etc. in the Southern District Court Branch of the Jeonju District Court, which became final and conclusive on July 4, 2018, and repeated the same type of crime without being aware of the fact that the Defendant had been a suspended sentence.

The defendant commits a larceny.