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(영문) 서울중앙지방법원 2018.09.13 2018고단366
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence on June 22, 2016 to two years and six months of imprisonment for a special robbery by the Seoul High Court, and the said judgment became final and conclusive on June 30, 2016 and is still under the suspended sentence.

[Criminal facts]

1. On October 15, 2017, from around 16:00 to 18:00, the Defendant invadedd the victim’s residence by entering the said room through the entrance in which the victim D ( South, 43 years old) residing in the above Gosiwon C residing in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, where the Defendant resides, and the victim D ( South, 43 years old) living in the above Gosiwon C, and caused the intrusion on the victim’s residence.

2. The Defendant cited 5 mobile phones of Samsung Gallet, where the market price owned by the victim as stated in the above paragraph 1 on the date, time, place, and page of the said paragraph was unknown, and stolen.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Investigation report (investigation related to victims);

1. The criminal place;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in the disposition, reporting on investigation (Attachment of previous convictions and rulings), and four copies of the judgment

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Articles 329 and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommending punishment] No person who does not have a basic area (one year to two years and six months) [the person who is subject to special sentencing] [the decision of sentence] [the person who is subject to special sentencing]] of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes: The defendant is under suspended sentence due to a crime recorded in the records of the crime in the judgment of the court in the judgment of the court in Seoul, and the person who commits larceny and intrusion upon residence was again detained at five months after the suspended sentence was released, and was released by the Seoul Western District Court in April 27, 2017.

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