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(영문) 수원지방법원 여주지원 2016.10.05 2016고단959

절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 5 through 8 shall be confiscated, respectively.

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2015, the Defendant was sentenced to imprisonment for two years and six months at the Jung-gu District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in a medical prison on March 8, 2016, and all of the same criminal records are nine persons.

【Criminal Facts】

On July 31, 2016: (a) around 06:19, the Defendant invadedd the victim’s residence by the same method four times from June 22, 2016 to August 15, 2016, including where cash 2,462,00 won was stolen from the victim’s wall on the part of the victim F, which was located in the region where the victim F, who was in the region where he had been in the region where, in turn, the victim D had infringed on the victim’s residence by the same method, and stolen the victim’s total cash 9,017,000 won owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. F's written statement on the victim's self-harm, and written confirmation of damage D;

1. Each statement of G, H, I, J, K, L, M and N;

1. Seizure records;

1. Reports on each occurrence of a theft;

1. On-site photographs, on-site photographs, and materials concerning seized articles;

1. Previous records: Application of the Act and subordinate statutes to criminal records and investigation reports (Attachment of outputs of the current status of confinement of suspects);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, crimes No. 1 [the scope of recommending punishment] for general property, crimes No. 2 for identical repeated crimes (the scope of recommending punishment] which do not fall under the aggravated area (1 year to 4 years) for the category No. 4 (1) for general property (1 year to 1 year to 4 years) for which the aggravated area (1 year to 16 months) for general property (1 year to 4 years) is aggravated (1 year to 4 years) for general property.