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(영문) 광주지방법원 목포지원 2016.11.04 2016고단1060
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 13:00 on June 8, 2016, the Defendant: (a) opened a toilet window in front of the victim D’s house located in B, which had not been corrected, due to the Defendant’s perception of theft of the property before the victim D’s house; and (b) intruded the house into the house’s room; and (c) stolen the victim’s residence in the same manner as indicated in the attached Table of Crimes List from around 2016 to August 21, 2016, with one yellow fever of an amount equivalent to KRW 58,00 at the market price, which is the victim’s ownership in the cell cremation at the place where the house was located, with one yellow fever of an amount of KRW 1,36,000, the market price, which is the victim in the cell cremation; and (d) invaded the victim’s residence in the same manner as indicated in the attached Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement;

1. Application of each investigation report (Evidence Nos. 6, 9, 10, 12) (Evidence List), appraisal documents, and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 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;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations on the sentencing criteria (the crime of larceny shall be subject to the application of the sentencing criteria, and considering only the lower limit of the following recommended sentences for the crime whose sentencing criteria are set);

(a) Class 1 crime 4 (Scope of Recommendation) basic area (one to two years) (one year and six months) for the theft of general property; and

(b) The number of persons who committed the second offense [a solicitation range] the mitigated area (8 to 1.6 months) in the mitigated area (8 to 1.6 months) of 4 types of larceny for general property;

(c) The number of persons who committed the crimes in Type 3 [Scope of Recommendation] and the mitigated area (eight to one year and one year) (eight to one year and six months) of Part IV (Special Mitigation) for the larceny of general property;

(d) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one year to three years;

2. Determination of sentence: The Defendant, one year of imprisonment, committed the instant crime even though he/she had the power to punish him/her for the same kind of crime, and committed the instant crime.

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