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(영문) 서울중앙지방법원 2021.03.10 2020고단2699
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 13, 2020, at around 16:05, the Defendant: (a) Dogra, a 5th floor building in Gwanak-gu, Seoul Special Metropolitan City, came into and intrudes into the above Dogra, by thefting articles in front of the door of each lake or in front of the management room; (b) applied a coloring up to 5th floor of the first floor to see whether the article is stored in front of the door by each floor; (c) discovered that the victim’s second floor E door, in which the victim D is living, was loaded with a substitute article in front of the door of the second floor E door; and (d) took a cret in which the victim’s price was 150,000 won or more; and (d) took a theft from that time to March 17, 2020, the Defendant invaded the victim’s dwelling with the total of 16,000 won and 27,000 won and 27,000 won.

Summary of Evidence

1. Statement of the police concerning F of each police suspect interrogation protocol and each police statement concerning G against the accused;

1. Application of statutes on the seizure of each written statement by H, I, D, and J (voluntary submission), list of seized articles, and each CCTV photographe photograph;

1. Grounds for sentencing under Article 319(1) of the Criminal Act, Article 319(1) of the relevant Act, Article 329 of the Criminal Act, the former part of Article 37, the former part of Article 38 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated the concurrent crimes of imprisonment with labor, are applicable to the crime;

1. Scope of punishment by law: Not more than nine years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 (Determination of Type) thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) Second offense (Intrusion upon residence): The sentencing criteria are not set.

The scope of recommended punishment according to the criteria for handling multiple crimes: Imprisonment with prison labor for at least one year (the crime for which the sentencing criteria are set and the crime for which the sentencing guidelines are not set are concurrent crimes in the former part of Article 37 of the Criminal Code, so the sentencing guidelines are set.

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