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(영문) 서울동부지방법원 2017.01.13 2016고단3817

방실침입등

Text

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

Reasons

Punishment of the crime

1. On October 21, 2016, the Defendant: (a) opened a locked entrance at the office of the D head of the District Education Office on the 12th floor of the Songpa-gu Seoul building C, Songpa-gu, Seoul; (b) entered the said office; and (c) leaving the said office; and (d) leaving the cash, which is 2.6 million won, owned by the victim E, within the said office;

L. A. L. theft was committed.

2. On October 21, 2016, the Defendant attempted theft and intrusion by a room: (a) opened a locked entrance at the 12th office of the D head of the District Office of Education in the above C Building at around 12:25 on October 21, 2016, and entered the said office; (b) opened the bank of the victim F on the knife inside the knife, and opened the bank of the victim F on the knife, and did not commit an attempted crime, but was known to all the employees with the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation reports (on-site CCTV investigations), investigation reports (the investigation of CCTVs in C Building, which is a place of occurrence), investigation reports (the entry images of the suspect), investigation reports (the details of the inspection instructions), application of photographic Acts and subordinate statutes

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of rooms), Article 329 of the Criminal Act (influence of rooms), Articles 342 and 329 of the Criminal Act, and Articles 342 and 329 of the Criminal Act (influence of larceny) of the choice of punishment, and the choice of imprisonment, respectively;

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 sentencing guidelines do not apply to the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the scope of the recommended punishment [the scope of the punishment] for general property 4 types (in case of intrusion larceny), the special mitigation area (4 months to 1 year and 6 months) / (4 months) in case of intrusion upon any place other than indoor residential space, and the attempted crime of larceny which is not punishable. Meanwhile, since the crime of larceny for which the sentencing guidelines are set out and the crime of intrusion into rooms for which the sentencing guidelines are not set, the lower limit of the recommended punishment is limited to the above concurrent crimes under the former part of Article 37 of the Criminal Act.

2. Determination of sentence: A person who has been sentenced in August, 2005 and has been sentenced in several times, including the criminal records of two times due to a crime under the same law since 2005;