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(영문) 대전지방법원 2016.11.30 2016고단3657
야간방실침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 7, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for night buildings, intrusions, theft, etc. at the Daejeon District Court, and was released on July 29, 2016 in the Daejeon Correctional Institution on parole on September 5, 2016 during the execution of the sentence, and the parole period expired.

【Criminal Facts】

On October 19, 2016, at around 02:45, the Defendant intruded into a room on the fourth floor of D-D, located in the Masung-gu, Masung-dong, and then stolen 601,000 won in cash from the bank owned by the victim E (the age of 52) who was located therein.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs (fields and damaged articles);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (retaliatory of repeated crimes and report on confirmation);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Where he/she intrudes into places other than indoor residential space, the scope of the recommended punishment according to the sentencing guidelines [Scope of the recommended punishment] for general property of types IV (SP) (SP 8 months to one year and six months) (Special Mitigation) / Where he/she intrudes into places other than indoor residential space / she does not fall under special aggravation;

2. Considering the fact that the criminal committed in this case during the period of repeated crime for the same kind of crime as the sentence is determined, and that the victim fails to receive a letter of suspicion, etc. disadvantageously;

Considering the favorable circumstances, such as the fact that the defendant repents and reflects the crime, and that all the damaged goods have been returned to the victim, etc.

In addition, in consideration of the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, etc. of the defendant, the punishment of the same kind as the order of recommendation according to the sentencing guidelines shall be determined.

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