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(영문) 광주지방법원 2017.11.01 2017고단3088

주거침입등

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was sentenced to imprisonment with prison labor for at least six months in the Gwangju District Court for larceny of a structure intrusion at night, and the probation period becomes final and conclusive on January 27, 2016, and is currently under suspension of execution.

At around 13:00 on May 7, 2017, the Defendant: (a) opened a 627th of D University male dormitory of D University, located in C, and intruded into the inside; and (b) cut off, the victim E’s market value on the book, which was 50,000 won at the victim E’s market value, and the victim F’s market value, which was 50,000 won at the victim’s 50,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319(1) of the Criminal Act that prescribes the choice of a punishment, and Article 329 of the Criminal Act, respectively, and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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. Scope of sentencing recommended according to the sentencing criteria;

(a) Each category of larceny [Determination of the type] 4 (Determination of the area of recommendation] each area of larceny [Determination of the area of punishment] mitigated (Scope of recommendation] from 6 months to 1 year and 6 months, respectively;

B. Since intrusion theft is the case of intrusion larceny, the crime of intrusion upon residence in the holding is treated only as one who is the sentencing of each larceny in the judgment, and is not treated as a majority crime.

Results of aggravation of multiple crimes: 8 months to 2 years and 3 months;

2. Determination of sentence: Determination of sentence: The sentence shall be set off by the lower limit, inasmuch as it is judged that the punishment is harsh to the defendant, within the scope of the sentencing guidelines set forth in the instant sentencing guidelines, considering all sentencing conditions shown in the arguments in the instant case, such as the circumstances described below six months in imprisonment, the value of stolen goods, the amount of benefits of the defendant, the age, sex, environment, circumstances of the crime, and the circumstances after the crime.

The favorable circumstances have led to the confession of crimes.