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(영문) 전주지방법원 정읍지원 2018.05.29 2017고단461
주거침입등
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

The defendant is in a state that the defendant lacks the ability to distinguish or make decisions due to mental retardation or obscenity disorder.

1. On September 28, 2017, the Defendant invadedd the victim’s residence by entering the victim’s house, beyond a fence, in order to steal the clothes of the victim who was suffering from a long line of time, in order to cut off the clothes of the victim D, which were located in regular Eup/Eup/Myeon as of September 28, 2017.

2. The Defendant: (a) committed larceny with panty 6 panty, brode 3, i.e., e., e., e., e., e., e., e., typ; (b) 4, e.g., e., e., typ., e.s. at a time and place as mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, choice of imprisonment), and Article 329 of the Criminal Act (Influence of intention and choice of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for the sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with heavy punishment) / [the scope of recommending punishment / [the scope of recommending punishment] types 4 (4th to one year and six months) in the area of special mitigation (4th to one year), / both mental and physical weakness (no person responsible for special mitigation) [decision of sentence] in the area of punishment [decision of sentence] where the defendant suffered from a disease as stated in its reasoning, and thus, it is difficult to impose heavy criminal liability.

In addition, one victim does not want punishment under the agreement with the defendant.

The defendant and his family members should not repeat the crime through the treatment.

There are many things.

However, the defendant committed a similar crime in a relatively recent two times or more, and during the suspended execution period, which is the time when the last judgment became final and conclusive and several months have not yet passed since the suspended execution was rendered.

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