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(영문) 서울중앙지방법원 2015.09.03 2015고단3440

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 14, 2013, the Defendant was sentenced to ten months of imprisonment for the crime of indecent act by compulsion at the Seoul Central District Court, and completed the execution of the sentence in the Ansan Prison on February 5, 2014.

【Criminal Facts】

1. On May 7, 2015, the Defendant: (a) had no mental disorder, which is a mental disorder, and had weak ability to discern things or make decisions; (b) had intruded into the door through the office window of the victim D in Seocho-gu Seoul Metropolitan Government on May 7, 2015; (c) had the two-party market prices of the Nopt North Korea, the victim of which is located on his/her book, and the key of the vehicle on his/her book, which is in an amount equivalent to KRW 1.4 million, and the two-party market prices of the Nopt North Korea, the victim of which are located on his/her book, sustained theft by using the said key.

2. A thief Defendant: (a) while having weak ability to discern things or make decisions due to a mental divided disease, which is a symptoms of mental disorder; (b) at a restaurant of “H” located in Yongsan-gu Seoul Metropolitan Government on May 5, 2015; (c) opened a back door of a passenger car parked in Yongsan-gu, Seoul; (d) opened a passenger car parked therein; and (e) took the back of the passenger car that the victim I parked at the back seat; and (e) boms stolen the victim’s property equivalent to KRW 1,250,000,000,000, in total, of the goods owned by the victim, such as the hat, which are 1,250,000 won in the back seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and I;

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (in addition to the written judgment and report on the confirmation of the date of release);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Night time buildings: Article 330 of the Criminal Act;

B. The point of larceny: Article 329 of the Criminal Act; the choice of imprisonment

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

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. The Criminal Act among concurrent crimes.