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(영문) 서울남부지방법원 2017.04.19 2017고단574
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 17, 2016, from around 12:21 to 12:59 on the same day, the Defendant was at the victim E’s house located on the third floor of Yangcheon-gu Seoul building D, Yangcheon-gu, Seoul, with the intent of having the victim out of the house to steals the goods by intrusion upon the residence of other victims, and by getting off the wall through the stairs of the above building, string the wall up to the rooftop, by using the hack pipe on the rooftop, and destroying the locker of the victim’s main beer, and then intrudes into the house, (1) the victim’s market price franchis, 12:59, 2, 18, 18, 18, 10, 17, 10, 37, 10, 17, 17, 10, 17, 17, 3, 17, 1, 7, 1, 7, 1, 7).

L. A. L. theft was committed.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (verification of products damaged by a victim);

1. E statements;

1. A report on the results of field identification;

1. Application of the Acts and subordinate statutes on CCTV-related closure photographs to the suspect;

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

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 applicable sentences under law: Imprisonment for one month to nine years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the punishment [the scope of the recommended punishment and the scope of the punishment] mitigated area, eight months to one year and six months, in case of the larceny in general property.

3. The decision of sentence shall be made before the accused.

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