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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2016.04.20 2016고단609
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant intruded into an inner bank through windows not locked in the residence of the victim AH located in Sejong AG on July 17, 2014, and stolen the Defendant’s total amount of KRW 3,300,000,000,000, total market value of three gold balls, two gold balls, and one gold brushes located in the cremation room.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the police against AI;

1. Each statement of AH;

1. The application of photographs and the Acts and subordinate statutes on the scene of crimes to photographs of the accused when they are disposed of;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (absent point, a choice of imprisonment), and Article 319 (1) of the Criminal Act (absent point of intrusion upon residence and choice of imprisonment);

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 recommended punishment [the scope of recommended punishment] according to the sentencing criteria, the basic area (one year to two years) of the types of larceny for general property; and

2. In light of the following: (a) a sentence of sentence shall be imposed on a defendant with regard to a crime committed by intrusion upon a victim’s residence, theft of property, thereby causing property damage to the victim; (b) a peace of residence to be absolutely protected for the peaceful life of human beings; and (c) the damage has not been recovered until now; and (d) a person has been punished for the same kind

However, considering the favorable circumstances, such as the fact that the defendant recognizes and reflects the crime, and the sentencing conditions of the defendant in this case, such as the age, sexual conduct, environment, and the scale of damage shall be determined in the same manner as the order that lower than the scope of the recommended sentencing guidelines according to the sentencing guidelines.

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