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(영문) 서울남부지방법원 2017.05.12 2016고단5759
특수절도
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Criminal facts

On August 24, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on December 14, 2016.

On August 9, 2013, at around 20:40, the Defendant: (a) cut a small pipe, which was in possession of the victim D, who had been in the residence of the victim D at around 20:40, and cut off the window for the crime prevention of windows at the above house; and (b) made a string, which was in possession of the victim under the custody of the inside of the inside of the inside of the house through the windows, with a single, Jinju-ro one, two gold-ro, two gold-ros, and two gold-ros, the sum of the market prices of two million won.

Accordingly, the defendant stolen another's property by destroying a part of a structure at night and impairing the residence of a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A gene appraisal report;

1. Previous conviction: An inquiry of summary information of the case and the application of reporting statutes to the prosecution's previous convictions and results of confirmation;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing under Article 39(1) of the Criminal Code (the reason for sentencing is the concurrent crimes after Article 37 of the Criminal Code, and the sentencing guidelines do not apply) is that the crime in this case is not appropriate in light of the form of the crime and the amount of damage, and that there is no recovery from damage, and that there is a record of punishment several times for the same crime, the criminal liability of the defendant is not less complicated.

However, there is a need to consider the equality in the case where the defendant committed the crime of this case while recognizing the crime of this case, and simultaneously with the crime for which the judgment has become final and conclusive, taking into account the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions as shown in the records and arguments after the crime of this case, such as the circumstances after the crime of this case, shall be determined as ordered.

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