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대전지방법원 논산지원 2019.06.04 2019고단162
절도등
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

【Criminal Power】 On July 19, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. in the Southern District Court Branch of the Daejeon District Court on January 28, 2017. On April 23, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court Seosan Branch of the Daejeon District Court on April 23, 2019. The judgment became final and conclusive on May 1, 2019.

【Criminal Facts】 From around 17:00 on March 23, 2019 to around 17:10, the Defendant opened a gate in which the victim’s surveillance was neglected, and entered the house in which the victim’s surveillance was not corrected, and opened a window in the house, and intruded into the house, and cut off the 700,000 won of the market price in the inside of the Annbule, and cut off the 18K posts.

Accordingly, the defendant invadedd the victim's residence, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the results of field identification;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same type, circuit, and continuing trials), written judgments, and the application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Article 329 of the Criminal Act and Articles 329 and 319 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: Many criminal records have been committed during the period of repeated crimes, and circumstances that are favorable to the victim's damage has not been recovered: The defendant's fault appears to be contrary to his fault; the defendant's age, character, character, environment, criminal records, criminal records, circumstances after the crime, and all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, environment, criminal records, criminal records, circumstances after the crime, etc., are considered as being committed.