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(영문) 전주지방법원 정읍지원 2017.01.12 2016고단480

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 3, 2016, the Defendant intruded upon a house of the victim C (Woo, 47 years of age) located in Dong-Eup, Dong-dong, Dong-si, Dong-dong on August 3, 2016, the Defendant entered the said house in excess of a fence to cut off the clothes of the victim under construction in the dried Do-dong, and intruded the victim’s residence.

2. The Defendant, as described in paragraph 1 at the date, time, place, as described in paragraph 1, entered the said victim C’s house mast, and cut off with five panty lines and one panty line, wherein the market price on the said victim’s house is unknown at the dried stand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or C;

1. A protocol of seizure and a list of seizure;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] Article 4 types of larceny for general property [the grounds for sentencing] [the case where the defendant intrudes into a place other than indoor residential space [the person who is specially mitigated] [the decision of sentence] where the defendant is committed against the defendant's wrongness and wrongness], the defendant is a person with disabilities of Grade III without delay, the defendant is suffering from mental disorders of the defendant's peculiar sexual impulse, and his own effort to treat them, and the sentencing conditions favorable to the defendant, such as the defendant was subject to criminal punishment twice for the larceny under the same motive and method, and even during the suspension period, the defendant committed the crime of this case again, despite having been under the suspension of execution, and the defendant did not suffer considerable mental anxiety and anxiety in the victim's desire to commit a crime that intrudes another person's residence at low level, and thus, the victim and the victim appears to be punished.