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(영문) 울산지방법원 2016.05.12 2016고단829
야간방실침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 1, 2007, the Defendant was sentenced to seven years of imprisonment for robbery in the Daegu District Court, and completed the execution of the sentence on January 6, 2014.

On March 9, 2016, at around 06:0, the Defendant went into the 301st floor through stairs in Ulsannam-gu, Ulsan-gu, and then intruded into the 301st floor in which the door is opened, and then cut off with 78,000 won in cash, which is the victim’s possession on his customer, and with the cresh in which the victim’s E is locked, and the NAC, the Bank C, the Bank C, the Bank C, the Bank C, the Bank C, one card, one card, one resident registration certificate, each one, and the K non-national card, and two new cards, only one empty land at the market price of 10,000 won in each of the new cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) there is no basic area (one to two years and six months) of the 4 types of theft in general property [the person subject to special sentencing] [Determination of sentence] / The defendant's punishment constitutes a repeated crime by committing a crime within three years after the execution of sentence was completed due to robbery in the holding, and committing a crime within three years after the execution of sentence was completed due to robbery in the judgment.

However, the degree of damage and recovery of damage, the circumstances leading to the principal offense, and all of the sentencing conditions, such as the defendant's age, sex, and environment, shall be determined to be lower than the sentencing guidelines.

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