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(영문) 서울동부지방법원 2016.06.22 2016고단1577

건조물침입등

Text

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

Reasons

Punishment of the crime

1. On May 15, 2016, around 08:52, the Defendant intruded on a structure, entering the structure managed by the victim E, by means of an open entrance, which had stolen the property from the building "D church" located in Songpa-gu Seoul Metropolitan Government, to the wedding distribution on the third floor through the open entrance.

2. At the time and place specified in paragraph 1, the Defendant committed theft with a single 4,50,000 won in cash owned by the victim, who is the victim of other wedding payments, and committed theft.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A statement prepared by the F;

1. A protocol of seizure and a list of seizure;

1. A report on occurrence of a crime and a report on each investigation;

1. Guidance of the person under consideration, and application of each statute of photograph;

1. Article 319(1) (Intrusion upon Residence), Article 329 (Larceny), and the choice of imprisonment with prison labor for a crime under relevant provisions of the Criminal Act;

1. A person subject to special mitigation in the area of special mitigation ( April - 1. - 6) under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment]. A person subject to special mitigation in the area of special mitigation ( April - 1.6): (a) in a case where a defendant intrudes into a place other than a living type of crime or indoor residential space (the decision of sentence], and the amount of damage is 4.50,000 won, there is no reason to take into account such as the fact that the defendant has already been serving several years for the same kind of crime, but the defendant has failed to recover the damage. However, it is so decided as per Disposition in consideration of all the sentencing conditions, such as the defendant's age, etc.