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(영문) 서울동부지방법원 2017.11.16 2017고단3153

건조물침입등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant was sentenced to three years of imprisonment for special robbery by the Seoul High Court, and completed the execution of the sentence in the Jeonju prison on April 3, 2017.

1. On September 27, 2017, the Defendant, on September 27, 2017, entered the “E restaurant” operated by the victim D, a member of Ansan-si, Ansan-si, Seoul-si, and went into the kitchen through the back door, and cut off with one cash of KRW 170,000,000 owned by the victim, three head of the Saemaeul-si, three head of the agricultural cooperative, two head of the agricultural cooperative, one resident registration certificate, and one seal imprint at the market price of KRW 300,000,000,000,000.

2. On September 29, 2017, the Defendant entered the “H restaurant” operated by the victim G in Gangdong-gu Seoul, Gangdong-gu, Seoul around September 29, 2017, and invaded the said restaurant through the front door, and then cut off with 180,000 won in cash owned by the victim, 2 of the credit cooperative passbook, 2 of the new bank passbook, 2 of the new bank passbook, 1 of the new bank passbook, 2 of the Korean Skick-gu one, and 2,50,000 won in market price, including 350,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. A report on investigation (explosion confirmation and statements made by victims), investigation report (the report on confirmation of stolen and damaged thief);

1. A detailed statement of report and processing; and

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation report on stolen damage and attachment of the same electric power judgment) and other Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of buildings), Article 329 of the Criminal Act (influence of buildings), and the choice of imprisonment with prison labor, respectively;

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

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

1. In the mitigated area (eight months to one year and six months), the mitigated area (special mitigation (special mitigation) of eight months to one year and six months) for the first offense subject to the sentencing guidelines (the scope of recommended punishment).