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(영문) 서울남부지방법원 2015.03.18 2015고단448
절도등
Text

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

Reasons

Punishment of the crime

1. At around 16:00 on February 5, 2015, the Defendant entering a residence was in front of the house of the victim D, located in the first floor of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, and was in front of the house of the victim D, and was in front of the house of the victim, the Defendant laid the gate in front of the victim’s house, laid off the brupted door by cutting off the brut glass with the above brupt, and infringed upon the victim’s house.

2. The thief Defendant, at the same time and place as above, stolen, with a Dong traditional custom containing 129,50 foot 40 foot 129,50 foot 40 foot 129,50 foot 40 foot 1,50 foot 40 won (total 32,90 won) set below the victim’s market value on the part of the c,50 foot 1,50 foot 1,50 foot 1,50 to 32,90 to 40 to 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each investigation report and photograph;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts (a point of intrusion upon residence), and Article 329 of the Criminal Act (a point of larceny)

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [Scope of recommending punishment] thief in respect of general property, the special mitigation area ( April to January 16) (special mitigation area) of types 4 (special mitigation area) (4 to June 16) of the Criminal Act / Decision not to impose a sentence];

1. The crime of intrusion upon residence, which is in the relation of larceny and concurrent crimes, is judged as the sentencing criteria are not set, and the lower limit of the recommended sentence is followed only.

2. In full view of the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

Unfavorable circumstances: The crime of this case has been committed even though the same criminal history has been committed several times, and it has been broken off by face-to-face talking with the lower court.

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