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(영문) 인천지방법원 부천지원 2015.01.22 2014고단3085

야간주거침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 30, 2014, at around 21:30, the Defendant: (a) opened a locked gate and intruded into a gate; and (b) cut off the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

2. On August 31, 2014, at around 21:30 on August 31, 2014, the Defendant: (a) opened and intruded any locked gate at the same place as the foregoing paragraph 1; and (b) cut off the Defendant with Twitts equivalent to 15,000 won at the market price of the said victim C, which was suffering from a long line in front of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Verification of identity and identity of the thief incidents, request for fingerprinting at the scene of the crime (2014-36572), records of seizure, list of seizure, application of Acts and subordinate statutes governing seized objects;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation [decision of types] The sentencing criteria for larceny crimes, the larceny and intrusion theft (type 4) for general property (type 4) (the scope of recommendation punishment] (the scope of recommendation punishment] imprisonment for one year to two years (basic area);

2. Determination of sentence: The defendant, in six months of imprisonment with prison labor, has not been aware of the fact that he had been sentenced three times or more due to the larceny and has committed the larceny in this case at the same time, so it is inevitable to sentence the defendant to imprisonment with prison labor.

However, the sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, after considering the fact that the defendant is against the defendant, the amount of damage is not so significant, the damage was returned to the victim, the mental disorder of the defendant, and other various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., shall