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(영문) 서울중앙지방법원 2017.04.14 2016고단223

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 22, 2015, at around 02:00, the Defendant opened and intrudes into the door of the above game site using one’s key to the “D” game room operated by the victim C in the Seoul Special Metropolitan City, Gwanak-gu B and 3, and then opened the door of the said game site and take the cash owned by the victim.

They shall be put into the State money, and a cash exchanger shall be held using the key to the cash exchange unit and cash owned by the victim shall be taken out.

He puts in Sus and went back.

Accordingly, the defendant stolen 3.250,000 won owned by the victim by intrusion on the structure that the victim can use at night.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Each statement prepared by C and E;

1. Grounds for sentencing under Article 330 of the Criminal Act with respect to a statement of investigation report (on-site CCTV investigation) or a crime subject to the application of video-related statutes;

1. Scope of the recommended punishment for the sentencing guidelines / [type] : Imprisonment with prison labor for eight months from August to June, and one year and six months in cases where the mitigated area (special mitigated person) (special mitigated person) of general property intrudes into places other than indoor residential spaces;

2. A sentence shall be sentenced in light of the fact that the defendant, who has been sentenced to juvenile protective disposition for the same kind of crime several times, did not agree with the victim, and did not recover from damage. As to the term of the sentence, considering the favorable circumstances that the defendant was subject to criminal punishment for the same kind of crime, or has no record of being sentenced to a suspended sentence or heavier punishment, the defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, etc., taking into account all the circumstances indicated in the records of this case including the defendant’s age, sexual behavior, motive for the crime, and circumstances

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