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(영문) 수원지방법원 안양지원 2016.11.30 2016고단1402
절도등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 29, 2010, the Defendant was sentenced to a suspended sentence of one year and six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Suwon District Court, on September 29, 201, and on June 29, 2011, the said suspended sentence was invalidated by a final judgment on September 30, 201 at the Seoul Southern District Court, which became final and conclusive on September 30, 201, and the said suspended sentence was paroled on October 28, 2013 and passed on March 10, 2014.

【Criminal Facts】

1. At around 16:40 on August 2, 2016, the Defendant was living in front of the Victim C’s house located in Mayang-gu, Mayang-si B, Mayang-si, and the Defendant: (a) laid the key inside the Mancho and opened the Mancho and intruded into the victim’s residence with an intention to steals the object.

2. The Defendant entered the victim’s house as described in paragraph 1, and stolen the victim’s property by having a 900,000 won of the market value, which was located at the victim’s inside and outside, and a 200,000,000 won of the market value and a 200,000,000 won of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each photograph;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and 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. Article 35 of the Criminal Act among repeated crimes;

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 in accordance with the sentencing guidelines] - the mitigation area (8 to January 6) of types of larceny in general property - the special mitigation area (8 to August 1), - the person who is a special mitigation (a special mitigation): - the same repeated crime of the same kind that is not subject to punishment (decision of sentence] - Incompetence circumstances: A majority of the criminal records of the same kind, even though he/she was punished twice by a fine due to larceny during the period of repeated offense, he/she shall be deemed to prevent the same type of crime, and intrusion larceny.

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