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(영문) 서울남부지방법원 2016.12.02 2016고단4891
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on August 30, 2016, the Defendant: (a) went into the house of the victim C (n, 77 years of age) located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) went into the house through a window and intrudes the toilet crime prevention window of the house through a window; and (c) took a theft of the following: (d) the sum of the market prices owned by the victim in the small library head of the Dong-gu, 75,00 won in the aggregate of the market prices owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement by the prosecution against C;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. A report on the results of field identification;

1. On-site photographs and photographs of articles left by the offender;

1. Application of the existing Acts and subordinate statutes of No. 16 of the Inheritance Program;

1. Relevant Articles 331 (1) and 330 of the Criminal Act concerning facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (decision of types of punishment) for the larceny of general property from Type IV (Special Convicts), mitigation factors (self-denunciation, non-denunciation of punishment), aggravation factors (determination of the recommended area), mitigation factors (determination of the recommended area at night), mitigation areas (determination of the recommended area), reduction areas [Scope of recommendations] from August to June;

2. Circumstances disadvantageous to the determination of sentence: The crime of this case is committed by the defendant at night, resulting in a theft of the victim's property, and is heavy in the risk of committing the crime.

The Defendant voluntarily surrendered to commit the instant crime by finding the police station following the instant crime.

The victim paid the amount of damage and agreed.

There is no history of punishment for the defendant except for criminal punishment of a fine once.

The above circumstances and records of this case, including the background leading up to the Defendant to commit the instant crime, degree and result of damage, circumstances after the commission of the instant crime, and other circumstances, character and conduct, and environment of the Defendant.

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