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(영문) 인천지방법원 2017.06.14 2017고단785

야간주거침입절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Power of crime] On April 22, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the branch office of the Busan High Court on April 22, 2015, and completed the execution of the sentence on November 3, 2016.

[Criminal facts] On January 18, 2017, the Defendant was under the influence of alcohol around 19:10 on January 18, 2017, and, under the state that the Defendant lacks the ability to discern things or make decisions due to shock disorder, etc., was in the house of a non-victim in the south-gu Incheon Metropolitan City, and became in the house of the victim who was in the vicinity of the Namdong-gu, Incheon, and was influenced by the victim’s house, and was stolen with one room for female women in an unrefluened market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. An investigation report (a report on the confirmation of the time from sunset of the incident);

1. Previous convictions in judgment: A criminal investigation report (report on criminal records A of the same kind as the suspect A), and application of Acts and subordinate statutes to report criminal investigation (verification of

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for the reduction of mental and physical weakness [the scope of recommending punishment] [the scope of recommending punishment] 4 types of larceny for general property [1 to 2 years] under the basic area (1 to 6 months), (i) mental and physical weakness (no person in special mitigation (no person in charge of himself/herself), / Decision on a sentence] / The punishment for the same type of repeated crime not subject to the aggravation of specific crimes (decision on a repeated crime)] under the following circumstances, shall be determined as ordered within the scope of the recommended punishment, comprehensively taking into account the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, sex, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

At the time, it is judged that it was a mental weak condition.

Unfavorable circumstances: the defendant has been punished several times for the same crime, and even if he had been punished for repeated crimes of the same kind at the time, he again committed the crime of this case.