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(영문) 의정부지방법원 고양지원 2017.09.22 2017고단2299
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On October 14, 2011, the Defendant was sentenced to a two-year suspended sentence for a crime of robbery at the Daejeon District Court; on May 17, 201, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Daejeon District Court’s astronomical Branch on May 17, 2012, and the said sentence became final and conclusive on May 21, 2012, and completed the execution of the final sentence at the Incheon District Court on December 14, 2014.

[Criminal facts]

1. On August 1, 2017, around 15:13, the Defendant violated his/her residence, following the victim D’s house located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, Seoul, and then stolen property at the victim D’s house, and the Defendant opened a locked door and entered the living room with the victim’s house by using the front door key hidden by the victim’s mail.

2. The Defendant: (a) committed theft with a 10,000 won-type imprisonment without prison labor equivalent to 20,000 won-type imprisonment without prison labor, and a 1 copy of the “Korea Bank Round Card” owned by the victim on the part of the victim, who was placed on the depositor, at the time and place specified in paragraph (1); and (b) committed theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, choice of imprisonment), and Article 329 of the Criminal Act (Influence of intention and choice of imprisonment);

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 recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general property [the scope of recommended punishment] and the mitigated area (eight months to one year and six months) [special mitigation/increased] of living-type crimes / The same type of repeated crime not falling under the aggravation of specific crimes (aggravated offense)];

2. The fact that the Defendant recognized the instant crime and reflects his mistake, and the amount of theft damage is minor.

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