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(영문) 서울중앙지방법원 2014.08.28 2014고단2472

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on April 4, 2013.

[2014 Highest 2472] On April 21, 2014, the Defendant opened a d restaurant located in Gangnam-gu Seoul Metropolitan Government Seoul, and intruded into the said structure, and cut off one disease, which is worth 8,000 won in the market price owned by the victim D, which is kept in the said cooling house, by opening a cooling house and opening a cooling house in the said cooling house.

[2014 Highest 4930] around 10:0 on May 22, 2014, the Defendant, via an elevator at a F hotel located in Gangnam-gu Seoul Metropolitan Government E, intruded into the rest room of 10th and the guest room at the 9th floor and the building managed by the victim G, and stolen three cups if the market price managed by the victim cannot be known at the rest room of the said employee.

Summary of Evidence

[2014 Highest 2472]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement prepared by H;

1. A criminal investigation report (2014 Highest 4930);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of I, J and G Preparation;

1. Photographs of personal effects;

1. Investigation report (before the date of sale):

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (the points of larceny at night), Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the points of intrusion upon a structure and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Class 1 criminal (Scope of Recommendation) for general property: Larceny in the mitigated area (8 to one year and six months) (special mitigation) for mitigated areas (8 to one year and six months), which does not fall under the category 4 (Special Mitigation) for the larceny;

2. Second-Class 4 area of mitigation (8 to 1.6 months) of mitigation (special mitigation) for general property (a person who is subject to mitigation).