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(영문) 수원지방법원 2018.10.24 2018고단5172
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On June 23, 2016, the Defendant was sentenced to five years of imprisonment with prison labor for habitual larceny at the inn of Suwon Friwon, and the execution of the sentence was terminated by the prison on May 15, 2018.

[Criminal facts]

1. On August 27, 2018, the Defendant infringed upon his/her residence on the victim’s residence by inserting a dracker prepared in advance in the gap of the entrance and exit by inserting the dracker in the manner of cutting away the property from the victim’s house in Suwon-si C apartment unit, Suwon-si, Suwon-si, which came into the victim’s house, and then invaded the victim’s residence.

2. The Defendant thief followed the house of the said victim at the above time, at the above location, and stolen the said victim’s house, with a large amount of money equivalent to KRW 1.7 million at the market price of the said victim’s house, each one, half half of half of half of half of half of half of the market price of KRW 400,000,000, the market price of KRW 600,000,000, and two half of half of half of the market price of KRW 2 million at the market price, and one half of the half of the net amount equivalent to KRW 3 million at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D;

1. A photograph of the damaged scene and each CCTV photograph;

1. Seizure records;

1. Application of the Acts and subordinate statutes to CCTV photographed data;

1. Relevant legal provisions concerning the facts constituting an offense, and the choice of a sentence under Articles 329 (Ambling the intention) and 319 (1) of the Criminal Act (a point of intrusion upon residence) of the choice of imprisonment;

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

1. The reason for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes under heavy larceny) [the scope of punishment] imprisonment for not more than 18 years [the scope of punishment] [the scope of recommendation] imprisonment for not more than 18 years [the scope of punishment]] for the aggravated area (one year and six months to four years) for the theft against general property (a special aggravated person] for the same type of repeated crime not falling under the aggravated punishment for a specific crime (aggravated punishment] [decision of sentence] for the following circumstances, comprehensively taking into account the sentencing conditions shown in the trial process of the instant case, such as the defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.

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