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(영문) 창원지방법원 거창지원 2017.06.09 2017고단56
주거침입등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 1, 2015, the Defendant was sentenced to eight months of imprisonment due to intrusion upon residence, etc. in the Changwon District Court's Changwon District Court's branch on April 1, 2015, and completed the execution of the sentence in the third intersection of North Korea's North Korean Branch on October 15, 2015.

[2] On January 22, 2017, at around 14:00, the Defendant: (a) opened a gate in front of the residence of the victim I located in the Gyeongnam-gun, Chungcheongnam-gun; (b) opened a gate in front of the victim I’s dwelling; and (c) invaded the victim’s dwelling; and (d) went into the victim’s dwelling; and (c) committed theft with approximately KRW 200,000,000,000,000,000,000,000 won, which

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A report on the results of field identification;

1. Investigation report (Attachment of satellite photographs to the scene of damage, identity of the defendant, the course of movement of the defendant before the crime, execution of a search and inspection warrant, on-site inspection photograph);

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (the result of search of Defendant prisoners and attachment of judgment);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

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

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. The scope of the recommended punishment according to the sentencing guidelines system [the scope of the recommended punishment] the scope of the punishment [the scope of the recommended punishment] for general property, which does not fall under the aggravated area (one year to six years) (one year to four years), the aggravated area (a special aggravated person] of specific crimes (a repeated crime) and the scope of the compared sentence between the punishment for the same repeated crime and the recommended punishment: One year and six months;

2. The fact that the Defendant was sentenced to punishment for the same kind of crime several times, and in particular, the Defendant committed the instant crime without being aware of the fact that he/she was released from prison with eight months imprisonment for the same kind of crime and without being aware of the fact that he/she was committed during the period of repeated crime, and that the case was not light due to intrusion upon another person’s residence, etc., is disadvantageous to the Defendant.

On the other hand.

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