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(영문) 수원지방법원 2015.07.15 2015고단2558
야간주거침입절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the branch court of Suwon District Court, and completed the execution of the said sentence in the third prison of North Korea North Korea on September 12, 2014.

【Criminal Facts】

Defendant,

1. Between around 02:00 to 03:00 on May 8, 2015, the victim’s intrusion via the window opened at the “E” restaurant for the “E” restaurant operated by the victim of the victim of the damage in ignified C, resulting in theft of KRW 8,00,000 in cash, such as four copies of external speculation in the place, and four copies of the check with the victim’s right to KRW 4,00,000, in which the envelope was located;

2. On June 2, 2015, around 01:47, the victim G was intruded with the entrance that was not corrected at the “H” restaurant operated by the victim G in the G in the G in the G in the G in the G in the G in the G in the ethic City, and was stolen by bringing KRW 300,000 in cash owned by the victim G in

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and D;

1. Previous records before ruling: Application of inquiry reports, such as criminal records, and investigation reports (Evidence List No. 45);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One month to 30 years of imprisonment;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: thief (decision of type): thief (decision of type ] thief (decision of the recommended area and the scope of recommendation) thief (limited to decision of the recommended area), thief (one year to six months), thief (one year to four years): Cumulative crime not falling under special

(b) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for one year and six months to six years;

3. Determination of sentence: (a) the Defendant committed the instant crime during the period of repeated crime; (b) had several records of punishment for the same kind of crime; and (c) the Defendant’s efforts to recover from damage if the seizure was excluded at the time of arrest; and (d) the sentence as ordered shall be determined within the scope of recommendation, taking into account the following:

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