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(영문) 전주지방법원 2015.10.16 2015고단656
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 became final and conclusive.

Reasons

Punishment of the crime

1. Larceny, attempted larceny, and intrusion upon residence;

A. On June 2012, the Defendant: (a) intruded the victim’s house in the victim C’s house located in the North Korean territory, which was not corrected in order to steal cash, etc. from the victim’s house located in the North Korean territory; and (b) discovered and attempted the victim’s denial of the victim’s house while printing a stolen object.

B. On April 2, 2015, at around 15:00, the Defendant invaded the Victim C’s house as described in paragraph (a) by the aforementioned method, and stolen the Victim C’s house with cash of KRW 1.70,000 in the head of the U.S., respectively.

2. From June 2013, the Defendant: (a) invadedd the victim’s plastic house owned by the victim C, which is located adjacent to the victim’s house located adjacent to the victim’s house as stated in paragraph (1) and stolen another’s property by intrusioning the victim’s instant structure over 15 times, including the theft by having one panty method equivalent to KRW 10,00,00, at the market price owned by the victim D, with one panty method located adjacent to the victim’s plastic house located adjacent to the victim’s house;

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment, such as site photographs, etc. of victims);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and the choice of punishment under Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act (a point of entering residence or structure), and the choice of imprisonment with prison labor;

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following circumstances favorable to the defendant).

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) Offenses against which the sentencing criteria are set: Each basic crime of larceny (1). Basic crime of larceny (1) on April 2, 2015: 4 types of larceny [decision on types of larceny] against general property on April 2, 2015, (4) [Special Convict] mitigation element: Reduction element of punishment not [decision on the recommended sphere] Reduction element of mitigation area [general Convict] Reduction element of mitigation area of punishment not [decision on the recommendation sphere] Reduction element of mitigation element: serious reflectiveness [the scope of recommendation penalty].

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