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(영문) 대전지방법원 천안지원 2016.08.19 2016고단1153

절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 6, 2016, around 10:40, the Defendant infringed upon the residence of the victim D, which was located in South-gu, South-gu, Dong-dong C, and the victim thought that he stolen the property from the house to the rear of the building, and returned it to the lower part of the building, and then opened the shock network installed on the window using the hacks, which was located therein, and entered the house through the window and intrudes on the residence of the victim.

2. The Defendant shall enter the victim’s house as described in paragraph (1) with the victim’s house and shall open the door by means of cutting a smoke in the smokes that were corrected, and shall take up 200,000 won and two smokes in the market price.

In other words, the victim's property was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. Each photograph and CCTV image;

1. Application of Acts and subordinate statutes to each investigation report (including accompanying documents);

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 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] There is no person [the person subject to special sentencing] [the person subject to sentencing] in the basic area (one year to two years and six months] (the decision of sentencing] (the decision of sentencing is not good; the fact that there is a history of the same kind of crime; the fact that there is a history of the crime; the time of the crime was committed; the fact that the damage was not recovered; the fact that the damage was not recovered; and the fact that the damage was committed in the trial of this case including the amount of damage, etc., the punishment is determined as per the order in consideration of various sentencing conditions.