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(영문) 의정부지방법원 고양지원 2018.08.23 2018고단1557
주거침입등
Text

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

Reasons

Punishment of the crime

1. From around 13:00 on May 29, 2018 to around 13:15 on the same day, the Defendant: (a) opened a door door at the victim D’s house located in the cremation and intruded with the open door; (b) on bail in the cremation, the Defendant, who was on the cremation, brought up one me at the market price of KRW 10,000, which is the victim’s possession. From around 14:46 on May 30, 2018 to 14:56 on the same day, the Defendant went into the house of the victim F, located in the cremation, and brought about a theft of KRW 10,50,000, KRW 700, KRW 100, KRW 200, KRW 400, KRW 100, KRW 200, KRW 400, KRW 200, KRW 100,000, KRW 40,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of the Acts and subordinate statutes concerning CCTV-related photographs and CCTV images to each field;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence) and Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

1. The sentencing guidelines applicable to the first sentence for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] the mitigated area ( August to January 1), Article 4 of the Act on the Aggravated Punishment of General Property (the scope of the punishment) / [the scope of the recommended punishment] Article 2 of the Act on the Aggravated Punishment of Non-Aggravated Punishment of General Property / [the scope of the punishment] Article 4 of the Act on the Aggravated Punishment of Non-Aggravated Punishment (the scope of the recommended punishment] [the person subject to special mitigation] Article 8(1)2 of the Act on the Aggravated Punishment of Non-Aggravated Punishment: The final sentencing scope following August to February 3: the punishment shall be determined in consideration of the circumstances as shown in the above above, the background, age, criminal defendant's sex, living environment after committing the instant crime, and various changes in the sentencing guidelines as stated in the recommendations and various circumstances.

The Defendant recognized all of the instant crimes and himself.

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