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(영문) 춘천지방법원 2015.12.10 2015고단1059
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On October 16, 2015, around 11:30 on October 16, 2015, the Defendant invadedd the victim’s residence by entering the house and the kitchen through an open gate in which the victim’s house located in Chuncheon City C was stolen and stolen property.

2. The Defendant, as stated in paragraph (1), attempted larceny, was committed with the wind that the victim gets away from the bending out of the bend, while colors the means of gathering by the victim and the money and valuables that can be stolen from the bending in the bending.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 319 (1) (Influences into residence and choice of imprisonment), 342 and 329 (Influence of larceny and Selection of Imprisonment) of the Criminal Act;

1. From among concurrent offenders, the sentencing guidelines do not apply since the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was the attempted larceny.

In addition, even though the defendant was sentenced to two years of probation on August 3, 2015 by the Chuncheon District Court on August 26, 2015 to imprisonment with prison labor for larceny, etc., and the judgment was finalized on September 3, 2015, he/she committed the crime of larceny in this case, it is disadvantageous that he/she committed the crime of larceny, and that he/she committed the crime of larceny, that he/she committed the crime of larceny, that he/she led to attempted larceny, that the defendant led to the confession of and reflect against the crime, that his/her father and his/her father are living in a difficult family environment

The punishment shall be determined by combining them.

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