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(영문) 의정부지방법원 2015.11.06 2015고단3686
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to 4 months of imprisonment with prison labor and 2 years of suspended sentence for larceny at the District Court on May 11, 2015, and the judgment became final and conclusive on May 19, 2015 and is currently under suspended sentence.

【Criminal Facts】

1. On September 17, 2015, the Defendant entering a residence came into the residence of the victim D in Guri-si, Guri-si around 13:30 on September 17, 2015, and went into the residence of the victim through an open gate, thereby infringing on the victim’s residence.

2. As described in the above paragraph 1 above, the Defendant entered the victim’s house, and cut off the victim’s house using one electric saw, three iron stringer, three iron stringer, 45 stringer, 8 stringer, 2 stringer, 4 cuter, 30 stringer, 13 electric wires of 40m length, 1 single electric wires of 40m length, 13 batteries, 8 stringer, and 1 electric stringer, and then cut off the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmation reports) Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] the special mitigation area (4 to 1, and 6 months) for general property / [the special mitigation area] a living-type crime and a place other than indoor residential space (the decision of sentence] imprisonment for six months disadvantageous to the defendant: not only has the record of being punished for the same crime since 2014, but also committed the crime of this case during the suspension period of the execution of the execution of the same crime; the circumstances in which the defendant committed the crime of this case by intrusion upon another person's residence; all of the crimes of this case are recognized by the defendant.

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