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(영문) 서울남부지방법원 2016.05.11 2016고단1292

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 30, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on April 30, 2015 and completed the execution of the sentence at the Seoul Southern District Court on November 23, 2015.

1. Larceny of intrusion on night buildings;

A. On February 14, 2016, from around 02:22 to 02:25, the Defendant: (a) went into “E” operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government; (b) and went into a second floor office located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; (c) and (d) intruded the victim’s cash of KRW 115,00,000, which was owned by the victim in the Western, through a door that was not corrected.

B. At around 01:51 on March 20, 2016, the Defendant abused money and valuables worth KRW 96,000, totaling KRW 10,000, including Chapter 5 of Onnuri gift certificates, cash 1,000, and Chapter 46 of KRW 10,000, which were owned by the victim who was in the state of west, by entering the “H” operated by the victim G located in Yeongdeungpo-gu Seoul Metropolitan Government F, and entering the office located in the place and going to the place.

2. Around March 20, 2016, the Defendant: (a) 01:39 on March 20, 2016, up to the “E” re-written “1.1-A”; (b) laid off the outside luminous studs to the second floor of the 2nd floor where it was removed and damaged by a warning device with the studs; and (c) invaded by the entrance, and then cut off 40 foot 50 foot flus, the victim D owned in the swine wre.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements in relation to D and G preparation;

1. Seizure records;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (former and confirmative reports - Seoul Southern District Court 2015 Heights 1066, 2015No. 670), and the status of personal depreciations and confinements;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act (the point of larceny in case of intrusion on each night structure) concerning criminal facts;

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