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(영문) 광주지방법원 목포지원 2018.02.22 2017고합103
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. Between early 04:00 on February 2, 2017 and 05:00, the Defendant invadedd the victim D’s residence in the former Haan-gun C, with the entrance of the said residence that was not corrected, to the inside of the bank, and then, 90,000 won in cash, which was owned by the victim under his/her sexual raculations.

As a result, the theft was committed.

2. On March 2017, the Defendant intruded into the victim D’s residence room at around 20:0,00, at the place described in paragraph 1, and in the same manner as described in paragraph 1, and subsequently, up to KRW 110,000,000, in cash owned by the victim D, which was in sexual scis.

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on internal investigation (in relation to attachment of field photographs), and a report on internal investigation (in relation to the specification of the amount of damage);

1. Application of Acts and subordinate statutes to each on-site photograph (within 31 pages, not more than 19 pages, 31 pages, of investigation records (2017 ancient 130);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for larceny at night as provided for in paragraph (2) of the same Article which has a heavier degree of punishment for concurrent crimes);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

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

(a) at night intrusion larceny [a] at night, theft [a], theft against general property, theft against general property, mitigation element / [a person subject to special sentencing] mitigation element - [a person subject to recommendation] mitigation area / [a person subject to recommendation] mitigation area / [a person subject to recommendation] mitigation area of punishment / [a person subject to recommendation] 8 months to one year and six months

(b) Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment between August and February, and the lowest limit of March: It shall be eight months, which is the lowest limit of the punishment for recommendations for larceny of intrusion at night referred to in paragraph (2) of the judgment on the basic criminal;

The upper limit: 2 years and 3 months of the sum of the two years and 1/2 of the upper limit of the punishment to recommend for larceny of intrusion at night as provided in paragraph (1) of the ruling on the basic criminal's residence at night as provided in paragraph (2) of the ruling on the punishment for larceny of intrusion at night (=.

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