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(영문) 수원지방법원 안산지원 2016.09.30 2016고단3069
건조물침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in relation to the Support for the Support for the Support for the Support for the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support of the Support for the Support

【Criminal facts” On August 14, 2016, the Defendant discovered a container stuff used by the injured party as a temporary residence in the victim D’s plastic houses located in Ansan-si, Ansan-si, Masan-si, and found the container stuff, intrudes into the container stuff, and then stolen the wall PC consisting of KRW 6 million in cash, and 3 million in cash, using the crebs without the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each protocol of seizure;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects a punishment (a point in Section 329), Article 319 of the Criminal Act (a point of intrusion on a structure), and the choice of imprisonment, respectively;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The reason for sentencing under Article 50 / [the scope of recommending punishment] the mitigated area (from August to one year and six months), / Where a person intrudes into a place other than an indoor residential space (the person subject to special mitigation (the special mitigation) / [the decision of sentencing] of the same repeated crime (the decision of sentencing] of the same kind of criminal offense not only has a lot of criminal offenses committed against the defendant, but also commits the crime of this case without being familiar with the defendant during the repeated crime period, the money and valuables were returned to a considerable portion of the damage. The defendant is a mentally handicapped person with mental disability; the defendant's age, sex, family environment, motive and circumstances before and after the crime of this case;

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