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(영문) 수원지방법원 2017.03.09 2017고단561

주거침입등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On October 16, 2015, the Defendant was sentenced to one year and two months of imprisonment by larceny, etc. from a Suwon prison on the grounds of imprisonment with prison labor, and completed the execution of the sentence on July 28, 2016.

[2] On December 15, 2016, around 12:00, the Defendant: (a) invadedd the victim’s house through the victim’s front windows, which were not corrected, into the victim’s house; and (b) stolen the victim’s house with a half of the amount equivalent to KRW 900,000,000, market price, which was the victim’s possession in the inside TV decoration and west, and approximately KRW 200,000,000,000,000,000,000 won.

In addition, from November 3, 2016 to December 25, 2016, the Defendant invadeds on the victims’ residence at least nine times in total, and attempted to steal or steal money and valuables worth approximately KRW 7,480,000 in total market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, I, J, K, and L;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of a repeated crime and attachment of judgment and date of expiration of the term of punishment), text of judgment, etc., reporting of the previous conviction and results of confirmation of the previous conviction

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines for both crimes 1, 2, and 3 (Larceny) [the scope of the recommended punishment] 4 types of larceny in general property (one year and six months to four years) (special aggravated punishment] that do not fall under the aggravated area of specific crimes (special aggravated punishment) : the scope of the final sentencing due to the aggravated area of multiple criminal of the same kind of repeated crime, which is not the aggravated area of specific crimes: The scope of the compared sentence between the aggravated punishment and the recommended punishment in April: One year and six months: One year and seven years: April 1 year and seven years;

2. Determination of sentence - Determination of sentence - Circumstances unfavorable to the defendant: One time to suspend the execution of the same criminal records and two times to sentence, all of which are 2013.