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(영문) 청주지방법원 2018.05.24 2018고단604

절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Incheon District Court on January 12, 2017, and completed the execution of the sentence at the Ganpo prison on November 11 of the same year.

At around 1:00 on March 16, 2018, the Defendant: (a) stolen cash, etc. from the victim L's house located in K building 203 at Cheongju-si, Cheongju-si; (b) intruded the victim's residence through windows that have not been corrected by putting up urban gas pipelines on the exterior of the building, to the inside of the house; and (c) had 100,000 won, which was the victim's possession in custody in the west, 10,000 won, 10,000 won, 3 parts 1.4 K K, 40,000 won of the market price, 1.4 K 1,4414,00 won of the market price, and 1,40,000 won of the market price, and 1,400,000 won of the land price, and 1,40,000 won of the land price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Lritten statements;

1. Investigation reports (verification of damaged goods and market prices);

1. A protocol of seizure and a list of seizure;

1. Photographs of the circumstances of seized articles;

1. On-site identification reports, reports on the results of field identification, and fingerprinting in low-level cases;

1. Criminal status and photographs of escape status;

1. The deposit page of the Defendant’s check, and the suspect’s account photograph;

1. Previous conviction: Application of a written inquiry about criminal history and a written investigation report (the same criminal record and confirmation of the suspect and the personal confinement status);

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. 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 [the scope of the recommended punishment] [the scope of the punishment] for general property is the same kind of repeated crime that does not correspond to the aggravation of specific crimes (a person who is specially mitigated).