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(영문) 서울동부지방법원 2017.06.29 2017고단1282
절도등
Text

As to the crime of 1-A of the judgment of the defendant, the crime of 1-B, No. 1-B of the judgment, and No. 2 of the judgment.

Reasons

A. The Defendant, at night, invadedd a residence and stolen the victims’ property.

Summary of Evidence

1. Previous convictions as stated in the judgment: Inquiry about criminal history and investigation report (verification of the fact that the suspect is under probation period);

1. Partial statement of the defendant;

1. Each written statement of E and G;

1. A criminal investigation intelligence report, a notification of the discovery of the same fact as DNA identity verification information, a report on the results of field identification, on-site photographs, and inquiry of DNA personal information, and a criminal investigation report (the victim E's category of suspect);

1. Investigation report (verification of the scene), on-site photographs;

1. Protocol of seizure (2017 order 1372);

1. Statement by the defendant in court;

1. A written statement I and K;

1. On-site photographs, such as the scene of crime, the routes of movement before and after the crime, and photographs of the scene of crime;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act and Articles 330 of the same Act concerning the selection of applicable criminal facts;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39(1) of the same Act (the crime of larceny as indicated in the judgment, No. 1-1 of the same Act, and the crime of larceny at night, the judgment of which becomes final and conclusive, and the

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Review of the sentencing criteria* Criminal facts of the judgment;

(b) Crimes No. 1 of the crimes of No. 2 / [the scope of recommendations / [the scope of recommendations / [the scope of recommendations ]), No. 4 basic area (one year to two years] of the theft in general property [the scope of recommendations / No. 2] / [the scope of recommendations ] No. 3 of the basic area (one year to two years), no. / [the person subject to special sentencing] of the basic area (one year to six months] of the theft in general property [the scope of recommendations / The scope of recommendations ] No. 2 of the basic area (six months to one year and six months) (no person subject to special sentencing] of the basic area (one year and six months) of the theft in general property (one year to six months) [no person subject to special sentencing] of the multiple principal area: one year to four years:

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The defendant committed a crime during the period of suspension of the execution of the same kind and part of the damage is restored.

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