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(영문) 울산지방법원 2016.08.16 2016고단1625
절도등
Text

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

Reasons

Punishment of the crime

1. On January 29, 2015, around 14:00 on January 29, 2015, the Defendant: (a) invaded upon residence; and (b) stolen, on January 29, 2015, 200, the Defendant: (c) removed a shock net installed on the window in the window in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do; and (d) invaded into the house of the Victim C; and (b) stolen, with 2 swine fests with cash 430,000 won owned by the victim located in the ward.

2. On July 10, 2015, around 12:00, the thief, theft Defendant stolen the property owned by the victim and the total amount of KRW 620,000 worth of KRW 20,000, in total, with one half of the cash amount of KRW 20,000 and three gold amount of KRW 620,00,000 in market price, which was placed in the house of the victim E in Ulsan-dong-gu, Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-gu, Seoul-do, with a view to the shocking net installed in the kitchen at the relevant place, due to the tearing net, and intrusion into the kitchen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A report on occurrence of a crime, report on internal investigation, and report on investigation;

1. On-site reports on results of field identification, confirmation of personal information about fingerprints, and written appraisal;

1. Each photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 319 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the crime (a point of intrusion upon residence);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not apply to Article 39(1) of the Act on the Aggravated Punishment of Concurrent Crimes (see Supreme Court Decision 2012Do9295, Sept. 27, 2012). The reason for sentencing / [the scope of recommended punishment / [the scope of recommended punishment ] There is no person who has a basic area (1 to 2 years and 6 months) (1 to 4 years), the basic area (i.e., theft) of types of general property (i., theft) [the scope of recommended punishment] / Decision on the sentence / The nature of the crime of this case committed by a defendant after opening a shock network, and by destroying another person’s residence, and the criminal defendant committed a crime during the period of suspended sentence for the same kind of crime and has not yet been recovered from damage. Therefore, he/she is punished by the criminal defendant.

In determining the term of punishment, it shall be written in the order of lower sentencing than the sentencing criteria in consideration of the military records of the defendant, the circumstances leading to the crime, and all the conditions of sentencing, such as the age, sex, and environment of the defendant.

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