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(영문) 대전지방법원 2016.11.23 2016고단2354

야간주거침입절도

Text

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

Reasons

Punishment of the crime

Defendant around 22:00 on May 7, 2016, and the same year.

5. From 22:17 on two occasions, the victim’s family members were released from the area of the Daejeon Seo-gu C apartment 513 Dong 504 and 504, and the victim’s family members were willing to steal the property by using the gaps in the house, and the victim’s house’s password was partitioned into the victim’s house with a usual occupancy house, and the victim’s house password was intruded into the victim’s house with a half of the amount of 50,000,000,000,000 won in the market price of the victim’s house, and 30,000,000,000,00 won in the market price of the victim’s house, and the victim’s property and the victim’s property were stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph (live list, scene of crime, seized articles);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 330 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. The reasons for sentencing under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be determined differently from the sentencing guidelines, taking into account the following circumstances: the scope of recommended sentences [the basic area (one to two years) of the theft in general property and the basic area (one to half years) of the theft in general property] and the following:

Unfavorable circumstances: The defendant was sentenced one time to a fine due to the same kind of crime, and there was a number of penalties (one year of imprisonment for fraud in 2010). Each of the instant crimes was repeated using trust relationship while serving in the victim's occupation as well as the extent of the stolen goods; the size of the stolen goods is also reasonable; the victim refused to return the stolen goods immediately after the crime; and the victim was punished: most of the stolen goods were recovered and the damage was recovered, and the facts of the crime appears to have been recovered.