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(영문) 서울남부지방법원 2015.08.21 2015고단2068
절도등
Text

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

Reasons

Punishment of the crime

On August 29, 2014, at around 06:00, the Defendant intruded the victim D's residence in Yangcheon-gu Seoul Metropolitan Government by the entrance that was not set up, and went to the door, where the market price of the victim's ownership could not be determined, the Defendant carried out a bank with KRW 1, 2, 2, 2, and 3,50,000 in cash.

As a result, the defendant invaded another person's residence and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Confirmation of fingerprints identity of theft cases;

1. Investigation report (part recovery of damaged articles and investigation as to whether a suspect is confined);

1. Application of Acts and subordinate statutes to report on investigation (the time of crimes against D and re-verification of damaged articles);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [the scope of recommending punishment] / [the scope of recommending punishment ] 4 types of larceny for general property (one to two years). In a case where no night exists, it constitutes a substantive concurrent crime for a crime of intrusion upon residence and a crime of larceny. However, it is classified into a crime of intrusion upon residence and a crime of larceny, and it is not treated as a multiple crime.

[Determination of Sentence] Although the defendant had been sentenced two times or more to imprisonment for the same crime, he cannot be relieved of punishment in that he again leads to the crime of this case.

However, in consideration of the fact that part of the damaged goods has been recovered, and the age, environment, character and conduct, circumstances after crimes, etc. of the accused, the punishment shall be determined as ordered by deviating from the lower limit of the recommended punishment specified in the sentencing guidelines.

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