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(영문) 대구지방법원 서부지원 2016.07.15 2016고단845
절도등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 6, 2013, the Defendant was sentenced to three years of imprisonment by the Ulsan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on September 12, 2015.

From April 16, 2016 to April 21, 2016, from around 21:50 to around 21:20 on April 17, 2016, the Defendant: F apartment 10 of the victim E, the residence of the victim in Daegu-gu, Seo-gu, (hereinafter “F apartment 10, 10, 18k-gu”); (a) opened a shot-gu window with any cresh inside the house and entered the inner bank; and (b) opened a shot-gu window with any cresh inside the house; and (c) followed theme owned by the victim in the shot-gu, the victim in the shot-gu, the shot-gu, Seoul-gu, and one male finger-si, eight (8), 18k-do, 18k-do, 2, 18k-gu, 18k-k, 10, 10, 30, 10, 40.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect A’s previous convictions in the same kind, facts and expiration of term of punishment);

1. Relevant Article 329 of the Criminal Act (a point in Section 329), Article 319 (1) of the Criminal Act (a point in intrusion upon residence), and selection of imprisonment with prison labor for the crime;

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

1. The punishment period shall be determined by taking into account the first sentence of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, as well as the fact that the method of calculating punishment is not appropriate, the amount of damage is high, and the repeated crime falls under the category of repeated crimes, and the sentence of imprisonment is to be imposed. An agreement with the victim is made on May 1, 2016, the fact that a marriage is married on the same day, and is against the law.

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