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(영문) 대전지방법원 천안지원 2016.06.09 2016고단553
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for three months and by imprisonment for four months for a crime of paragraph 2 of the judgment.

Reasons

(b)The application of each investigation report (as shown in the preceding sentence and attachment of the judgment, repeated crimes and confirmation of the previous convictions and convictions of the judgment, and attachment of the same thief convictions and judgments);

1. Defendant A of the pertinent legal provision on criminal facts: Articles 331(2), 331(1) (special larceny as indicated in the judgment below), 319(1) (the point of intrusion upon residence, the choice of imprisonment), and 329 (the point of intention, the choice of imprisonment with prison labor) of the Criminal Act; Article 331(2) and (1) of the Criminal Act;

1. Aggravation of repeated crimes (Defendant A) Article 35 of the Criminal Act (Offense of Intrusion upon Defendant A’s previous conviction, each house, and larceny);

1. Handling concurrent crimes (legal mitigation) after the end of Article 37 of each Criminal Act: Provided, That Article 39 (1) and Article 55 (1) 3 (the principle of equity in cases where judgment is concurrently rendered);

1. Aggravation of concurrent crimes (Defendant A), Articles 37 (former part), 38 (1) 2, and 50 ( space between larceny and intrusion upon residence, and an aggravated punishment provided for larceny with heavier punishment);

1. Reasons for sentencing of Articles 53 and 55 (1) 3 (each special larceny) of the Criminal Code for mitigation of amount of punishment * Special larceny in the judgment of the Defendants is not directly applied to the sentencing criteria as concurrent crimes after Article 37 of the Criminal Code.

Defendant

In the case of B, the following sentencing guidelines may be applied to larceny. * In the case of Defendant A, the following sentencing guidelines may be applied to larceny.

[Determination of the type] 4 types of theft against general property - mitigated elements [Special Sentencing Persons] - Where a person intrudes into a place, other than an indoor residential space (where a person does not have a residential space) - (decision of the area of recommendation] special mitigation [decision of the area of recommendation] - April to January 1 / [Scope of recommendation] / Article 329 of the Criminal Act, Article 329 of the Criminal Act, statutory punishment: 1 month to 6 years [Determination of the final sentence], the above criteria, the crime of intrusion against residence, and the victim's punishment.

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