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(영문) 서울남부지방법원 2016.06.28 2016고단1831
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant, at around 19:30 on April 15, 2016, invaded by the boiler room window installed in the boiler room located in Yangcheon-gu Seoul Metropolitan Government Dara 1, and did not correct to the inside of the house, and stolen the Defendant, with 4.5 million won goods in total, including two 18 K gold gags, one half half of 18 K gold gags, one half of 18 K gold gags, one half of Jins, one half of Jins, and one half of Jins Hand gags.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Results of inquiries into convict DNA personal information;

1. Application of Acts and subordinate statutes to a report on investigation (the photograph of CCTV around the scene) and a report on investigation (the crime committed after sunset of a suspect);

1. Grounds for sentencing Article 330 of the Criminal Act with respect to the crime;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (eight months to one year and six months) of the mitigated area for general property;

2. The criminal defendant committed the instant crime of this case of several methods similar to one another without being aware of the fact that he/she was sentenced to seven times of imprisonment with labor for the same crime and one time of suspended sentence, and on May 16, 2014, who was sentenced to two years of suspended sentence by the Seoul Central District Court for attempted larceny, etc. on August 24, 2014, which became final and conclusive on May 24, 2014 by the said judgment and became final and conclusive on May 24, 2014 (the period of suspended sentence has passed), and is sentenced to imprisonment with labor for the defendant in consideration of unfavorable circumstances, such as the fact that

However, under the favorable circumstances, the defendant denied the crime in the police, and the prosecutor's office and this court repents his mistake and reflects his depth in this court, and the victim does not want to punish the defendant, and the defendant does not have health due to brain color, high blood pressure, he takes into account the defendant's age, sexual behavior, etc.

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