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(영문) 부산지방법원 2015.08.27 2015고단4256
주거침입등
Text

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

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to eight months of imprisonment for attempted larceny, etc. at the Changwon District Court, and the execution of the sentence was terminated on January 17, 2015.

1. On June 27, 2015, around 10:40 on June 27, 2015, the Defendant intruded the victim’s residence by entering the dormitory door through which the 3th floor was not corrected by stairs in order to steal money and valuables to E workers’ dormitories residing in Gangseo-gu Busan Metropolitan City.

2. The Defendant did not commit an attempted theft, at the same time, at the same time and place as in paragraph (1), and at the same time, did not commit an attempted theft, while opening clothes inside the said dormitory in his hand and following things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Articles 319(1) (a) and 342 of the Criminal Act, Articles 32 and 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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 offenders [the scope of recommending punishment] the reason for sentencing under Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] the mitigated area (8 to 1 year and 6 months) of the mitigated area (special mitigation) for general property, and the scope of comparative sentence between the punishment for and the recommended punishment for like repeated crimes not falling under livelihood / special mitigation (special mitigation). The sentence shall be imposed in consideration of the fact that the punishment is committed during the period of repeated crimes and is of the same kind of power.

The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the confession of the above circumstances, the thief is committed in an attempted crime, the motive of the crime, etc., and the sentencing guidelines determined by the Supreme Court Sentencing Committee, shall be determined as per the order.

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