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(영문) 서울남부지방법원 2016.01.28 2015고단5323

야간건조물침입절도등

Text

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

The applicant’s application for compensation of this case is dismissed.

Reasons

Criminal facts

1. On August 22, 2015, at around 01:24, the Defendant invadedd a structure with the victim E (hereinafter “F seeds”) located in Yeongdeungpo-gu Seoul Metropolitan Government, from the time when the Defendant intrudes into the entrance by using the key installed at the entrance, from September 28, 2015, up to 13 times in total, as indicated in the crime inundation list.

2. From November 30, 2015, around 01:25, the Defendant: (a) intruded into the victim C’s “H” operated by Yeongdeungpo-gu Seoul Metropolitan Government by the victim C; (b) invaded into the unlocked window; and (c) stolen a cosmetic amounting to KRW 50,000 at the market price on the interior floor; and (d) stolen a cosmetic amounting to KRW 50,000 at the market price on the interior floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement E and C;

1. Application of Acts and subordinate statutes to photographs of video data of each swelve (CCTV);

1. Article 319 (1) of the Criminal Act, inclusive, with respect to the facts constituting an offense (the intrusion of each structure);

o. Imprisonment with labor, and Article 330 of the Criminal Act (the occupation of larcenys in night structures);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [Article 4] / [the basic area for the larceny of general property] / [the person subject to special sentencing] mitigation due to the mitigated element (the special person subject to sentencing] (in any place other than indoor residential space): August to January 1, 6 [the sentence] / The circumstances where the victims caused substantial damage to the victims by using the communications facilities, etc. of the victims after the intrusion without permission, and the compensation for such damage was not made. On the other hand, the defendant was found to have been guilty, taking into account the defendant's age, sexual behavior, criminal records, circumstances after the crime, etc., the sentence of imprisonment with prison labor was to be imposed against the defendant.

An application for a compensation order.