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(영문) 수원지방법원 안양지원 2016.06.10 2016고단635
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal history] On October 30, 2014, the Defendant was sentenced to one year of imprisonment for the crime of larceny and intrusion upon residence at the Seoul Central District Court, and completed the execution of the sentence on August 20, 2015.

[Criminal facts]

1. On April 11, 2016, the Defendant invadedd the victim’s residence by cutting off the victim’s house windows from the victim’s house to cut off the victim’s house’s house windows and installing a window, thereby infringing on the victim’s house’s residence.

2. The Defendant: (a) brought about 4,00 Chinese money owned by the victim D in a ward at a time and at a place similar to paragraph (1); (b) brought about 300,000 won in cash, 10,000 won in cash kept by the victim E in the wallet; and (c) one clock in custody in the cremation box; and (d) the sum of market prices owned by the victim E, including 1,600,000 won in total, and 1,000,000 won in the cremation box. The summary of evidence was stolen.

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (victim E-mail statement);

1. A photograph of a flag CCTV course;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation report (verification of completion of sentence execution);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Application of the sentencing guidelines [Determination of the types] thieves: Imprisonment with prison labor for each thieves, theft against general property, theft against general property, and similar repeated crimes (the scope of the recommended and recommended punishments) which are not applicable to each specific person (person subject to special sentencing): From 6 months to 4 years: Imprisonment with labor for a year and six years (the scope of the final recommended punishment due to the aggravation of multiple crimes) - six years;

2. Determination of sentence (unfavorable circumstances) has been imposed several times for the same type of crime. The defendant commits the same kind of crime during the period of repeated crime (a favorable circumstance).

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