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(영문) 서울북부지방법원 2016.02.03 2015고단4402
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On August 21, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the original prison on November 9, 2014.

[Criminal facts] After being dismissed at work, the Defendant classified him into the house that he receives money from another person or receives money from his customers in order to raise living expenses, etc., and entered the house without any seal, and stolen cash, precious metal, etc.

On August 27, 2015, the Defendant: (a) around 15:00 on August 27, 2015, the Seongbuk-gu Seoul Metropolitan Government 2nd floor operated by the victim D, and confirmed that he was an abandoned house and opened an unlocked back door as hand, and (b) held cash in the display stand.

In addition, from the above day to November 15, 2015, the Defendant invadeds on another’s residence over 13 occasions, such as the list of crimes in the annexed sheet, and stolen another’s property over 12 times, and stolen another’s property over a single time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement in F, D, G, H, I, J, K, L, M, N,O, and P;

1. Investigation report (victim Q communications);

1. Each investigation report (the sequence 7, 8, 9, 16 of the evidence list);

1. Previous convictions: Application of a reply to inquiry about criminal history, report on investigation (prior convictions of suspects and repeated offenses), and statutes;

1. Articles 329, 342, and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to 18 years; and

2. Application of the sentencing guidelines (amended by July 1, 2015) / [Scope of recommending punishment] thief for general property, which does not fall under the aggravated area (one year and six months to four years) (special aggravated) (one year and six years), the aggravated area (special aggravated).

3. The Defendant who was sentenced to criminal punishment has repeatedly committed the instant crime during the same repeated crime period.

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