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(영문) 광주지방법원 2019.07.17 2018고단3768
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 26, 2015, the Defendant was sentenced to two months of imprisonment with prison labor for night intrusion theft at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on October 25, 2015.

【Criminal Facts】

At around 22:30 on August 23, 2018, the Defendant: (a) opened and entered a steel door that was not corrected for “D” operated by Gwangju Mine-gu B and the victim C, and (b) stolen the office windows with 300,000 won in cash, which was kept in the west, by destroying and destroying the office windows so far as they are shakend by hand by cutting down the office windows so that they could break down, and by intrusion them.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Previous records of judgment: Criminal records, investigation reports (report attached to the same attached records), and application of Acts and subordinate statutes on the current status of confinement of individuals;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

1. Mitigation factors according to the sentencing guidelines: Reduction area of larceny [the scope of recommending area and recommending area] for general property; imprisonment for 8 months to 16 months, where a person carries a deadly weapon; intrudes into a place other than his/her indoor residential space; or intrudes into a place other than his/her residence or indoor residential space; or for like repeated crimes (the scope of recommending area and recommending area);

2. Determination of sentence - Determination of favorable circumstances: The defendant acknowledges his/her mistake, appears to be a crime of living style - the defendant commits the crime of this case during the period of the same repeated offense, and does not agree with the victim;

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