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(영문) 수원지방법원 안양지원 2016.08.09 2016고단849
주거침입등
Text

A defendant shall be punished by imprisonment for two years.

One set of the Kabols confiscated by the defendant (a branch office of the Suwon District Public Prosecutor's Office).

Reasons

Punishment of the crime

1. On April 15, 2016, between 12:00 to 14:00 on April 15, 2016, the Defendant: (a) committed a theft of property at the residence of the victim D of the first floor underground in Guro-gu Seoul Metropolitan Government; (b) committed a theft of the property totaling KRW 4.210,00,00 by intrusion upon another’s residence on the part of the victim’s KRW 20,000,000, by destroying the door door door up to the door, which was corrected by using the dracker, and removing the corrective device; and (c) infringing upon the inside the door and bringing about the cash equivalent to KRW 20,00,000,000, in total nine times, as indicated in the list of crimes.

2. On May 19, 2016, the Defendant attempted to larceny, using the victim’s absence in the Defendant’s residence in Magu Man-gu, Ma-gu, Ma-gu, Ansan-si on May 19, 201, and did not commit an attempted crime because he was discovered to neighboring residents, among those who were in possession for the purpose of theft of property by taking advantage of the victim’s absence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H, I, J, K, L, M and N (victims),O and P;

1. Application of Acts and subordinate statutes of the Act and subordinate statutes to the seizure protocol (time 8), the list of seizure (time 9), the protocol of seizure (voluntary submission), the protocol of seizure (time 23), and the list of seizure (time 24);

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act (the point of larceny each), Articles 342 and 329 of the Criminal Act (the point of attempted larceny), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of the punishment recommended according to the sentencing guidelines] - Theft - the basic area (one to two years and six months) of the thth category of the thth category of the thth category of the thief for general property - The scope of the final sentence due to the unspecified special sentencing person: From one year to four years and seven months [Pronouncement Decision] - favorable circumstances: The defendant recognized his mistake and speaks against him - The defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in 205.

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