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(영문) 춘천지방법원 2016.06.01 2016고단318
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On September 29, 2011, the Defendant was sentenced to five years of imprisonment by the Daegu High Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On February 27, 2016, the Defendant completed the execution of the sentence in the Gangnam Prison.

1. At around 14:40 on March 29, 2016, the Defendant stolen the victim C with 3.50,000 won of the market price owned by the victim under the television west, using the gaps in the E-cafeteria operated by the victim D in Gangwon-gun, which used the gap in the victim's locked for himself/herself, one kym for female women, one kym for 20,000 won of the market price, one kym for Colombia women, one kym for 40,000 won of the market price, one kym for female women in Colombia, one kym for 40,000 won of the market price, one kym for 150,000 won of the market price, seven kyms for female women, and two credit cards.

2. At night, on March 30, 2016, the Defendant: (a) had a 340,00 won in cash owned by the victim; (b) USD 25,00 in cash; (c) USD 100,00 in 419,90 in the market price; and (d) KRW 63,640 in 20,00 in 200 in 10,000 in 419,90 in 200 in 200,000 in 200,000 won in 200,000 won in 200,000 won in 20,000 won in 20,000 won in 20,000 won in 20,000 won in 20,000 won in 20,000 won in 20,000 won in 20,000 won in 20,00 won in 20.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (abstinence and choice of imprisonment), and Article 330 of the Criminal Act (abstinence of residence at night);

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. The scope of punishment recommended according to the sentencing criteria;

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