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(영문) 전주지방법원 2015.07.15 2015고단841
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 2014, the Defendant invadedd into the house through the main gate of the victim D located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and brought a half of the amount equivalent to KRW 500,000 in the market price and one half of the amount equivalent to KRW 500,000 in the market price. From around that time to June 10, 2015, the Defendant attempted to steal or steals the victim’s property by intrusion upon the victim’s house over a total of 21 occasions, as indicated in the separate crime list, from around that time to June 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. It is clear that “Z” in Section D, E, F, G, H (Evidence Records No. 290), I, J, and evidence list No. 16 is a clerical error in the J.

(See the J's written agreement and certificate of personal seal impression bound in the trial records). K, L (No. 306), M (Evidence No. 310), N (Evidence No. 314),O, P, Q (Evidence No. 326), R (Evidence No. 334), S (Evidence No. 351), T, U (Evidence No. 374), and V (Evidence No. 386 of the Evidence No. 386 of the Evidence Records)

1. A written statement in W and X;

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation into a suspect's place of crime), investigation report (case not prepared in a victim's statement);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act (The following consideration given to the defendant in favor of the sentencing).

4. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

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

A. Basic crimes and concurrent crimes (determination of types) No. 4 (Special Rape) (Special Rape) mitigated element for larceny in general property: Living penalty, non-conformity with punishment [Determination of recommending area] mitigated element for special mitigation [general person]: serious reflective [the scope of recommending punishment] imprisonment for April to 1 year.

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