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(영문) 창원지방법원 2015.06.16 2015고단496
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On May 25, 2011, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, injury, etc. at the Busan High Court on September 10, 2014, and completed the execution of the sentence in the Busan Prison on September 10, 2014.

1. Around 10:00 on January 9, 2015, the Defendant, who entered a residence, opened the first floor of the said house and intrudes on the residence of the victim, by taking account of the victim D’s perception that he/she stolen the property from the gathering of the victim D.

2. As above, the Defendant: (a) entered the victim’s house; (b) opened a second floor door-to-door visit with the second floor; and (c) cut off with 18K gold 18K 10,000 won worth the market price owned by the victim who was in the cremation unit; and (d) cut off with 6 K 18 K gold epis equivalent to 8,18K.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Investigation reports (Confirmation of details of damage inflicted by the victim);

1. Seizure records;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the date of release from court and attachment of a copy of judgment);

1. Articles 329 and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38 (1) 2, and Article 50] of the Act on the Larceny of General Property (one year and six months to four years)] which is not an aggravated area (one year and six months) (the decision of sentence] for a same repeated crime (the decision of sentence] which is not an aggravated one (the fact that a crime is committed once, the amount of damage is not significant, and the fact that it is against the above recommended punishment is somewhat minor than the above

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