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(영문) 광주지방법원 장흥지원 2015.06.11 2014고단227
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2014, at around 07:20, the Defendant discovered that the entrance door of 508 room was opened and that there was no inside of the entrance, and intruded into the titius, and stolen the cash of 3.5 million won owned by the victim E, which was located in Titius C, from November 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographs, such as photographs and clothes following a CCTV course;

1. Relevant Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of theft and the choice of imprisonment), the choice of punishment for a crime (the point of intrusion by room and the choice of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] the reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] where the mitigation area (8 to January 6) for general property (the special mitigation) intrudes into a place other than indoor residential space (the four types) / Since the sentencing guidelines are concurrent crimes between crimes for which no sentencing guidelines have been set, the lower limit is based on the lower limit of the crime for which the sentencing guidelines have been set [the decision of sentence] the defendant has been punished several times for the same crime, in particular, there has been a history of punishment for the crime of this case during the period of probation (the probation period as of the date of sentencing has been imposed) and there has not been no damage recovery until now.

However, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, including those favorable to the defendant, such as the fact that the defendant's mistake is recognized, shall be determined, as ordered, by taking into account the circumstances favorable to the defendant.

It is so decided as per Disposition for the above reasons.

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