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(영문) 서울남부지방법원 2018.09.05 2018고단2659
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 18, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on May 18, 2016.

[Criminal facts]

1. On April 30, 2018, the Defendant: (a) around 12:20 on April 30, 2018, the Defendant: (b) divided the portraits into the body of the victim C, Geumcheon-gu Seoul, and the victim D; (c) on April 30, 2018, and (d) then intruded into the said body through an open berash window, and then stolen the Defendant’s cash owned by the victim and 34,00 won.

2. On May 9, 2018, the Defendant for theft and intrusion upon residence: (a) from around 14:00 on May 14, 2018 to around 15:00 on the same day, the keys located in the main machine of the main gate in Guro-gu Seoul Metropolitan Government E 102 between the victim F and the victim F.

After opening a fishing entrance and intrusion at the inside of the house, the victim's hand room was cut off with 10,700 won at the victim's hand room and 200,000 won at the market price and 340,000 won at the market price and 10,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to victims of D and F statements;

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 with prison labor, respectively;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The Defendant, with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, has been subject to multiple criminal punishments for the same kind of crime, etc., and committed the instant crime during the period of repeated crime due to the same crime.

Due to these criminal records, it is impossible to sentence a suspended sentence of imprisonment to the defendant.

On the other hand, the defendant has a sentence to support, and economic conditions are not good due to aggravation of health due to accidents.

Article 51 of the Criminal Code is mainly applied to the above.

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