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(영문) 서울남부지방법원 2017.03.31 2016고단6345
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

A seized mother and child (Evidence No. 5), a wall on an emergency warning (No. 6), a handlight (Evidence No. 5) and a handlight (Evidence. 5).

Reasons

Punishment of the crime

On March 22, 2016 from around 20:0 to 21:00 on the same day, the Defendant entered the house through a Vietnamed window without correcting the gas pipe emitting the gas pipe by using the crepans without the victim D, and then entered the house through the c. 110,00 won in cash owned by the victim and the c. 7,000 U.S. No. 5,000 won in c. No. 7,00, and 3,5,000 won in c. c., and stolen property by intrusion upon the residence at night from around December 6, 2016 to around 21:0, the Defendant did not intrude another person’s residence by the aforementioned method at night and did not enter the said c. 1,61,500 won in c. 2,500 won in c. 380,000 won in c.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each statement of E, F, D, G, H, I, J, K, and L;

1. One mother and child seized (No. 5), one square meter (No. 6), one finger, etc. (No. 7), one cell phone-type (No. 8), one Maskn mobile phone-type (No. 9);

1. Reporting on the results of field meals;

1. Application of each statute of appraisal;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Articles 330 (the points of larceny at night) and 342 and 330 (the points of attempted larceny at night in intrusion upon residence) of each Criminal Act;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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

A. A. 1) 2) 1 crime (a) (a scope of punishment for individual crimes: (a) 1 crime (at night against victim L; (b) / (c) / 4 types of theft (influence) / (influence of intrusion theft) / (one to two years) / (2) / 6) basic area (influence of special sentencing) / 2 (influence of residence intrusion theft against victim G).

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