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(영문) 의정부지방법원 2017.11.28 2017고단412
절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 15, 2016, the Defendant infringed upon a residence: (a) was on the victim D’s house located in 10:00 on October 15, 2016, and was on the 2nd floor of the building; (b) opened the building walls and opened the 2nd floor; and (c) opened the 2nd floor; and (d) intruded the victim’s residence.

2. 절도 피고인은 제 1 항 기재 일시, 장소에서 피해자의 방 안에 놓여 있던 피해자 소유인 팔찌 1개, 신세계 상품권 1천 원권 1 장, 기타 카드 5 장이 들어 있는 장 지갑 1개 및 액세서리류 2점, 여성용 검정색 숄더백 1개, 시가 80만 원 상당의 갤 럭 시 노트 5 휴대 폰 1대, 화장품류 37개, 여성용 팬티 3 장, 여성용 신발 4켤레, 빨강색 가방 1개, 여성용 갈색 숄더백 1개, 청바지 1개, 여성용 점퍼 1개 등 물건을 가방에 나누어 담은 다음 이를 가지고 나와 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Photographs of windows;

1. 112 Notification to a department related to the report of the case;

1. The paper where the person concerned prepares a specific person;

1. Records of each seizure, lists of seizure, and photographs of seized articles;

1. Investigation report (to attach data to clothes in damaged articles), the application of Acts and subordinate statutes on mobile phone messages;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. One month to nine years from the imprisonment with prison labor within the applicable range of punishment by law; and

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

(a) The basic area of the theft [decision on the recommended area] type 4 (Determination on the recommended area] (Determination on the recommended area] of the basic area of the theft [the scope of punishment] from one year to two years and six months;

(b) Intrusion upon residence: No application of the sentencing criteria;

3. The criminal liability of the defendant for the determination of sentence is heavy in light of the criminal history of the defendant, the content and method of the crime in this case;

(b).

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