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(영문) 춘천지방법원 원주지원 2016.11.15 2016고단922
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 05:30 on September 30, 2016, the Defendant, at the victim D’s house located in Won-si, C apartment 10 Dong 90, the Defendant opened a door door to the victim’s personal number that the victim had been aware of in advance at the time of his attendance, and invaded the door to the inside, and stolen the cash amounting to KRW 39:20,000,000, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on occurrence of a theft;

1. A criminal investigation report (verification of details of harm inflicted on the victim) and a criminal investigation report ( telephone conversations with the victim);

1. Photographs related to thief cases;

1. Application of Acts and subordinate statutes prescribing the closures during a day;

1. The reason for sentencing under Article 330 of the relevant Article of the Criminal Code for criminal facts [the scope of recommendations] Article 330 of the Criminal Code for the punishment of general property / [the person who has no basic area (one to two years and six months) / [the person who has been specially punished] / [the decision of sentence] in one year and six months, the defendant stolen the victim's money 39 million won, which he had been living together for about seven months. The defendant knew that the money was a salary which the victim would have to pay to the daily worker. The defendant knew that the money was a salary which the victim would have to pay to the daily worker, and the balance of the stolen money excluding 10 million won out of the stolen money was put into the entertainment cost, so it is not very good to commit such crime.

In addition, the defendant has already been punished twice for the same crime.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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