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(영문) 부산지방법원 2018.05.14 2018고단622
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 6, 2016, Defendant A was sentenced to six months of imprisonment with prison labor for night residence intrusion larceny at the Busan District Court, and on December 26, 2016, Defendant A completed the execution of the sentence at Busan Correctional Institution.

[2] On February 9, 2018, around 02:20, Defendant A, who was in the front of the victim D’s residence located in Busan Jin-gu C302, Busan Jin-gu, and went into the dwelling room, was stolen by holding a corrective entrance in the way of fire and intrusion on the dwelling room, with a face value equivalent to KRW 100,00,000, 629,000, 1 copy, 1 copy, 1 copy, 1,000,000,000, which is the victim’s ownership, and 1,000,00,000,00,00,000.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A photograph of a CCTV course;

1. Previous convictions: A reply to inquiries, such as criminal history, inquiry about expropriation, and application of the text of the judgment;

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

2. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general property, which does not fall under the aggravated area (one year and six months to four years) (special aggravation) of specific crimes (special aggravation) in the area of larceny for general property;

2. The fact that the Defendant committed the instant crime during the period of repeated crime resulting from the same kind of crime, and that the circumstances after the commission of the crime are poor, etc. are disadvantageous.

However, in consideration of the fact that the theft amount is not high and the total amount of damage is returned, a sentence exceeding the lower limit of the recommended punishment according to the sentencing guidelines shall be imposed.

In addition to the above circumstances, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all the sentencing conditions during the process of the crime and the changes shall be determined as ordered by considering the following circumstances.

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