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(영문) 서울남부지방법원 2018.01.30 2017고단5578

야간건조물침입절도등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

At around 20:00 on October 31, 2017, Defendant D used the victim D in Gangseo-gu Seoul Metropolitan City C market, and used the 2,80,000 won of the market price of 2,80,000 won and used the 2,00,000 won of the market price of the victim, and used the 2,80,000 won of the 2,00,000 won of the 2,000 won of the 2,000,000 won of the 2,000 won of the 2,00,000 won of the 2.

On September 17, 2017, Defendant 1:35, 2017, Defendant 201: (a) entered the H restaurant for the operation of the G in F in light of light, and, without good cause, Defendant 1: (b) left the restaurant; (c) left the restaurant; (d) left the restaurant; and (e) left the restaurant to the restaurant again, Defendant 1 destroyed that the said victim was damaged to cover the entrance door of KRW 170,000 by placing the door door back to the opening of the entrance.

Summary of Evidence

2017 Highest 5578

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (the analysis, etc. of CCTV images recorded at an generated place);

1. 112 Notification to a department related to the report of the case;

1. CCTV recording images, when committing a crime by the person under consideration, 2018 Height 1;

1. Statement by the defendant in court;

1. G statements;

1. A person under consideration and photographs of damaged articles;

1. Investigation report, application of Acts and subordinate statutes on receipts;

1. Relevant Article 330 of the Criminal Act and Article 366 of theo Criminal Act concerning the crime (the theft of intrusion upon residence at night)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Even though Article 186 of the Criminal Procedure Act was a majority of the thief criminal reasons for sentencing, recidivism during the period of suspended sentence is an unfavorable sentencing factor.

Provided, That the punishment shall be determined as ordered in consideration of the fact that the thief victim has agreed smoothly with the victim, the age, age, health status, etc. of the defendant.