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(영문) 전주지방법원 남원지원 2014.11.25 2014고단238
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On March 30, 2006, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) in the support of the Southern District Court in the Southern District Court on March 30, 2006 and completed the execution of the sentence on November 4, 2013

【Criminal Facts】

On July 2, 2014, around 21:30 on July 2, 2014, the Defendant intruded into the victim D’s house located in Namwon-si, and opened a gate-free house and stolen the property by taking off 4 million won in cash from the bank located in the gate while printing the property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgments, such as attachment of repeated offenses by suspects, and results of information search by the Ministry of Justice);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommending punishment according to the sentencing guidelines (decision of types of punishment), thief for general property, thief for general property, mitigation factors of types 4 (Special Convict): Non-members of punishment, self-denunciation [Scope of recommending punishment] mitigated area: Imprisonment with prison labor for up to 4 months, and for up to 1 year and six months;

2. The Defendant, who was sentenced to a sentence, has a number of records of punishment for the same kind of crime, and committed the instant crime during the period of repeated crime, so the sentence of sentence is inevitable for the Defendant.

However, considering the fact that the defendant's mistake and reflects, the defendant returned the amount of damage to the victim on the day following the crime of this case, voluntarily surrenders, the victim does not want the punishment of the defendant, and other various sentencing conditions shown in the proceedings of the pleading of this case, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined

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