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(영문) 서울중앙지방법원 2017.07.07 2017고단2702

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

[criminal history] On November 7, 2013, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court, and on April 22, 2016, the Defendant was sentenced to imprisonment with labor for a night structure intrusion larceny at the Incheon District Court on April 22, 2016 and completed the execution of the sentence at the Seoul Southern District Court on July 16, 2016.

[2] In order to raise money as the defendant did not pay monthly rent of an officetel where he resides, he had the intent to steals another's property.

On March 29, 2017, from around 00:48 to 01:39 on the same day, the Defendant discovered a place where goods are stolen, and confirmed that the office electricity payment of the victim company was taken in front of the building of Nannuri, Inc., Ltd., the victim company located in Seocho-gu Seoul Seocho-gu, Seoul, and confirmed that the office electricity payment of the victim company was taken in front of the building of Nannuri, Inc., the victim company located in the 189 second floor, and infringed the victim company's office through a window that was installed behind the building and that was not corrected, and then infringed the victim company's employees' book and the market price owned by the victim company located in the west-gu had five Samsungn North Korean computer and five Nowon-gu computer.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to C, D, E, F, and G;

1. A H statement;

1. Police seizure records;

1. A criminal investigation report (to attachCCTV images, etc.);

1. Investigation report (investigation of sunset hours);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal history, text of judgment and personal confinement status of the same kind of crime), and statutes;

1. Article 330 of the Criminal Act concerning the crime;

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

1. Sentencing Sentencing [Scope of Recommendations] Where a person intrudes into places, other than indoor residential space, in the mitigated area (eight months to one year and six months) (special mitigation (special mitigation)] of the mitigated area for general property, a repeated crime of the same kind, which does not fall under the aggravation of the punishment / Aggravated Punishment / Aggravated Punishment (Cumulative Offense) of the specific crime;

2. Sentence;