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(영문) 광주지방법원 2017.07.13 2017고단651
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 8, 2016, around 12:50 on December 12:50, 2016, the Defendant intruded the victim’s house D, which became the victim’s house located in the former Northern-gun C, and invaded the victim’s house by getting out of the kitchen window through an open gate with an open mind that the victim stealss the house.

2. The Defendant: (a) thief, at the same time and place as above, destroyed the victim’s market price owned by the victim D while keeping the victim D in his/her inner harassment by putting one of the unficial documentary reflects on the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made by the police against D;

1. Investigation report (to hear statements from a victim);

However, it is argued that the defendant's statement on the facts of the crime was put into his own Australia and excluded the possession of the victim as well as in fact under his control.

As can be seen, it is reasonable to view that the thief committed by the Defendant had already reached the number of times, and that the thief was lost during the escape.

Defense Counsel's argument is not accepted.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, choice of imprisonment), and Article 329 of the Criminal Act (Influence of intention and choice of imprisonment);

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (one year to two years) (one year and six months) of the basic area of the theft against general property; and

2. The Defendant, who was sentenced to the sentence, committed the instant crime again even though he had been sentenced to the imprisonment with prison labor for the attempted larceny at night in 201, two years after the suspension of execution in August, 201, and six months after having been sentenced to imprisonment with prison labor for the larceny and intrusion upon residence in 201, and did not completely recover from damage up to now.

The defendant shall be punished as imprisonment, but the defendant shall be punished as committing a crime, and his mistake shall be made.

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