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(영문) 전주지방법원 2015.11.12 2015고단1646

야간주거침입절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 05:30 on August 16, 2015, the Defendant opened a locked gate and went into a math, and intruded into the house of the victim through the gate that was not locked.

The Defendant continued to own cash of KRW 150,000, KRW 10,000, KRW 100,000, KRW 10,000, KRW 1,000, KRW 1 resident registration certificate in the name of the victim’s wife E, KRW 1,00, KRW 2, and KRW 1,000, KRW 1,000, KRW 1,000, and

The Defendant, including that, from July 2, 2015 to September 22, 2015, infringed upon another’s residence at night, and stolen property worth KRW 5,980,000, in total, at night, from around seven times, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. Each investigation report (in relation to entry into a field investigation and attachment of an appraisal report, securing of victim's statement, crime place, relation to the search, seizure, and verification site photographing), and reports on occurrence of an investigation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. From one month to fifteen years of the applicable sentences in law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime 4 (Scope of Recommendation) basic area (one to two years) (one year and six months) for the theft of general property; and

(b) Class 2 crime / [Scope of Recommendation] thth category of larceny for general property, the basic area (1 to 2 years and 6 months) (1 to 2 years) of the basic area (1 to 6 months) of the theft;

(c) Type 3 crime 4 (Crime of Recommendation) thief for general property, the basic area (one to two years) (one to half years) for the theft of general property; and

(d) The scope of final sentence due to the aggravation of multiple offenses: one year to four years; and

3. The defendant who was sentenced to sentence shall all of the crimes of this case.