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(영문) 광주지방법원 2018.07.20 2018고단1824
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on September 17, 2015, and completed the execution of the sentence on August 1, 2016.

[Criminal Facts]

1. Larceny of intrusion on night buildings;

A. On February 8, 2018, at around 00:45, the Defendant: (a) intruded into the entrance after the victim E opened in the Nam-gu Seoul metropolitan area; and (b) went into the entrance after the opening of the entrance; and (c) cut off 100 Dobs, the market value of the victim’s possession, which was kept in the storage of the stairs of the first floor, to which the victim owned, was carrying 20,000 won into the Libya.

B. On March 2, 2018, around 00:14, the Defendant: (a) intruded into a commercial building in the same way as the victim set forth in the port in the same manner that he/she did not leave; and (a) cut off 50 percent of the market price of the victim’s possession, which was being kept in a warehouse of the first floor stairs, by carrying 10,000,000 won in the Libya.

2. On May 4, 2018, at around 07:00, the Defendant: (a) committed theft by carrying 30 straws, the victim’s possession, which was kept in custody at the store adjacent to the store operated by the victim G in Gwangju Nam-gu; (b) on May 4, 2018, the Defendant stolen and stolen 30 straws to the ria.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each written statement of E and G;

1. Photographs and related photographs of the scene of crime;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief for intrusion upon a structure at night) concerning the crime (a thief) and Article 329 of the Criminal Act (a thief for the purpose of Section and a choice of imprisonment);

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 is, while being tried for a larceny case by the High Court 2017 High Court 3122, the unfavorable circumstances leading to the instant crime and the damage resulting from the instant crime are relatively minor, and the same sentence as the disposition is imposed in consideration of the favorable circumstances agreed with the victims.

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