beta
(영문) 의정부지방법원 고양지원 2017.10.26 2017고단2647

절도등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On November 19, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) on October 19, 2015, and completed the execution of the sentence on August 13, 2016.

[2] On March 13, 2017, the Defendant invadedd the distribution of the first floor above the ground by an entrance, which was not corrected for the purpose of theft of property at the E church managed by the victim D in Gyeyang-gu, Gyeyang-gu, Seoul around 08:03 on March 13, 2017, and attached the Chewing Chewing to the end of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower judgment.

In addition, from August 31, 2017 to August 31, 2017, a total of 10 times intrudes on a building managed by the said victim, such as the list of offenses, and stolen two copies of KRW 210 to KRW 2300,000 and KRW 2300,000 of the said victim’s ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Seized articles, CCTV photographs and investigation reports (CCTV investigation);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the same kind of force of the suspect and confirmation of repeated crime period);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects a punishment (a point in Section 329), Article 319 of the Criminal Act (a point of intrusion on a structure), and the choice of imprisonment, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 48(1) of the Criminal Act is that the defendant has been punished several times, including larceny and intrusion upon a structure.

Nevertheless, the Defendant committed each of the crimes of larceny and intrusion on a structure in this case during the period of repeated crime.

Examining the method and content of the crime, each of the crimes in this case is very bad.

However, it is against the defendant, and the victim does not want the punishment of the defendant.

(b) other.