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(영문) 수원지방법원 평택지원 2017.08.23 2017고단1406
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 11, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for night buildings, larceny, etc. at night, and completed the execution of the said punishment in an Ansan Prison on December 15, 2015.

[2] On December 29, 2015, the Defendant: (a) opened a door door, which was not corrected at the third floor of the Manan-gu Da Public Notice Board D located in Manan-gu, Mayang-gu; and (b) invaded inside the door; (c) stolen the Plaintiff’s 130,00 won of the market price owned by the victim E; and (d) stolen the Defendant’s property worth KRW 2,290,000 in total nine times from the victims by June 29, 2017, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Police seizure records and list of seizure;

1. Each statement of H, I, J, E, K, L, and M;

1. Each photograph;

1. Previous convictions: References to inquiries, investigation reports (prior convictions and confirmations of repeated crimes of the same kind), application of Acts and subordinate statutes concerning the status of personal expropriation;

1. Article 319(1) of the Criminal Act in relation to the facts constituting an offense (a point of intrusion upon each residence), Article 329 of the Criminal Act, and Article 330 of the Criminal Act (a point of larceny in each night);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes [Scope of Recommendation] th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

B. Class 2 Crimes [Scope of Recommendations] th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th)

C. Type 3 (Scope of Recommendation) of the Act on th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th (general larceny)

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