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(영문) 서울동부지방법원 2016.09.07 2016고단1510
절도등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On January 9, 2014, the Defendant was sentenced to six months in Seoul Western District Court for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and completed the execution of the sentence on February 3, 2014.

1. “Criminal facts” 1. From around 09:30 to around 19:00 on August 10, 2015, the Defendant: (a) opened the entrance and opened up to the opening of the entrance by using the keyss in the entrance of the victim C201 in Geumcheon-gu Seoul, Geumcheon-gu; (b) opened one cash 40,000 won in the victim’s possession; and (c) opened one pandet with the market price of KRW 640,000 in the amount of KRW 480,000 in the amount of KRW 480,000 in the market price; and (d) opened two times in total as shown in the list of crimes in attached Form 22 to January 22, 2016.

Accordingly, the defendant invadedd the victims' residence and stolen the property owned by the victims.

2. On January 8, 2016, the Defendant: (a) around 16:30 on January 8, 2016, 2016, at the time of the Victim F’s house located on the first basement E-gu Seoul, Jung-gu; (b) released the number number chain installed in the front door and intrudes into the inner door through the front door; and (c) cut off the victim’s total market price of KRW 15,00,000, KRW 15,000, KRW 2,000, KRW 2,000, KRW 18 K, and KRW 140,00 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of D and F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and personal confinement;

1. Relevant Article of the Criminal Act and Articles 329 and 319 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. From among concurrent crimes, the facts favorable to the defendant should be taken into account that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act led to the confession and reflection of the crime in this case.

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