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(영문) 의정부지방법원 고양지원 2014.10.16 2014고단2043
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant around 23:00 on September 5, 2008, from around 16, 2008, the same year from around August 16, 2008 to around 2008, the defendant, at the victim D's house located in the third floor of the Ildong-gu Seoul Metropolitan City building C, cut off gas pipes from the second floor, cut off the crime prevention window with the second floor, and intruded into the house, thereby holding the amount equivalent to two million won of precious metal market price owned by the victim.

9. Until December, 199, a person did not commit an attempted crime but did not commit a theft of another person’s property or there was no article to steal another person’s property over a total of six occasions, such as the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each comprehensive investigation report;

1. Article 331(1) of the Criminal Act applicable to the relevant criminal facts, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Article 329 of the Criminal Act concerning the criminal facts;

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. Sentencing criteria;

(a) Crimes Nos. 2 and 4 [Scope of Recommendation] in relation to general property, where a person carries a deadly weapon (1 and 6 months to 4 years) in the aggravated area (1 year to 4 years), or where a person carries a deadly weapon, or where a structure, such as night-time damage, residence intrusion, or night-time damage, etc. (type 4);

(b) Crimes Nos. 3, 5, and 6 (Scope of Recommendation) in general property: Basic area (one year to two years) of theft in general property;

C. The scope of final sentence due to the aggravation of multiple offenses: the scope of sentence according to the result of the handling of multiple offenses other than the nighttime larceny attempts to be applied from June to October of one year and six years, and the scope of sentence according to the result of the handling of multiple offenses shall be from one year and six months to six months, and with respect to concurrent offenses under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing guidelines are set and the crimes for which the sentencing guidelines are not set, the lower limit shall conform to the lower limit on the sentencing criteria for the crimes for which the sentencing guidelines are set.

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