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(영문) 대전지방법원 홍성지원 2017.07.18 2017고단362
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

(b) opened a opened entrance without the consent of the administrator of the said hall for the victim’s name and intrusion into the said hall;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of K, H,O, E, and P;

1. A criminal investigation report (Attachment toCCTV images, etc.);

1. Police seizure records;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of repeated offense), and text of judgment, such as criminal history;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 329 and 342 of the Criminal Act (the attempted larceny) and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence or structure, and the choice of imprisonment);

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 Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending punishment] The mitigation area (one year to two years and six months of imprisonment) under the Specific Crimes Aggravated Punishment Act [the person who is subject to special mitigation] [the application of standards for handling multiple crimes] The application of standards for handling multiple crimes : compliance with the lower limit of sentence under the sentencing guidelines for each crime of intrusion upon each house for which the sentencing guidelines have not been set. [the decision of sentence] The defendant's records of punishment for the crime of larceny of the same kind are eight times or more, but the defendant committed each of the crimes of this case under the same law without being aware of the records of punishment for the same crime of larceny of the same kind, and thus, it is necessary to make a strict punishment.

However, the defendant reflects his mistake, certain crimes are committed, the amount of damage is minor, and most victims agree with each other, the victims want to be responsible for the livelihood of wife and children, and the defendant's age, sexual conduct, environment, family relationship, motive and circumstance after the crime, etc. shall be considered, and the punishment shall be determined as ordered.

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