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(영문) 광주지방법원 목포지원 2018.09.14 2018고단564

절도등

Text

A defendant shall be punished by imprisonment for one year.

The seized evidence Nos. 1 through 3 shall be returned to the victim C.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment with prison labor by larceny, etc. at the Changwon District Court on April 27, 2006, and was sentenced to ten months of imprisonment with prison labor by larceny, etc. at the Changwon District Court's Changwon Branch on January 7, 2009, and was sentenced to one year of imprisonment with prison labor by attempted larceny, etc. on July 19, 2017, and completed the execution of the sentence on March 9, 2018.

[2] On June 22, 2018, around 10:02, the Defendant: (a) went into the residence of the victim C, who was located in the Southern-gun D (hereinafter referred to as the “Seoul-gun D”) located in the Southern-gun; (b) intruded the victim’s house through the window that was not locked; and (c) cut off the cash of KRW 1,220,000 and USD 36, which was owned by the victim who was kept in the West-gun, continuously.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Police seizure records;

1. CCTV closures and field photographs;

1. Records of judgment: Application of inquiry letter, text of judgment, and Acts and subordinate statutes on the acceptance of individuals, such as criminal history;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

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

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

1. Article 333 (1) of the Return Criminal Procedure Act;

1. The reason for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the defendant's agreement with the applicant for compensation does not clarify the existence and scope of the defendant's liability for compensation) / [the scope of recommended punishment] in the area of mitigation (8 months to 1 year and 6 months), in the area of mitigation (special mitigation) (8 months to 1 year and 6 months), in the area of mitigation (the amount of special mitigation), in the same repeated crime not falling under the area of aggravation of punishment / [decision of sentence] in the case of the defendant's confession and reflects the crime of this case, and agreed with the victim.

However, not only six times the criminal defendant was sentenced to criminal punishment for the same crime, but also the decision is made.