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(영문) 서울남부지방법원 2015.09.23 2015고단3108
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. At around 13:00 on June 16, 2015, the Defendant: (a) was at the victim Q Q Q, located in Guro-gu Seoul P and second floor; (b) was removed from the toilet window at that place; and (c) was stolen with cash worth of KRW 30,000,000,000, written in a swine storage, and KRW 200,000,000,000.

2. On June 16, 2015, the Defendant: (a) around 13:15, at the time of the Victim Scam located in Guro-gu Seoul R and 102 of the first floor; (b) sought to steal property by removing and exposing the toilets therein; (c) but (d) failed to discover the property to be stolen; and (d) failed to perform such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness Q Q;

1. The criminal place;

1. Application of S’s written statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that prescribes the punishment, Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (each intrusion upon residence, and choice of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment], the basic area (1 to 2 years and 6 months) (1 to 4th six months) of the Criminal Act, and no sentencing guidelines have been set for the crime of intrusion upon residence. Thus, the lower limit of the above sentencing range

[Determination of sentence] The amount of damage is relatively small, the defendant's age, character and conduct, and circumstances after the crime in this case and all the conditions of sentencing as shown in the records and arguments shall be comprehensively taken into account, and the defendant's punishment shall be determined as ordered by the order.

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