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(영문) 서울중앙지방법원 2017.04.19 2016고단1207
야간주거침입절도등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant committed the crime committed on October 28, 2015, at around 05:01 around October 28, 2015, the Defendant opened a locked door and opened it into that door, and stolen food in the market price in the air condition, which was located underground.

2. On October 30, 2015, the Defendant committed a crime on October 30, 2015: (a) opened a door that was not set away by the Defendant’s think of theft of the object from the above public announcement point of light around 03:25 on October 30, 2015; and (b) did not commit an attempted crime, even if he was able to hear the body of the object that would be stolen from the surrounding areas of the dry belt, and did not commit it with the wind to escape.

3. The Defendant committed the crime of October 31, 2015, entered and intruded the above public official in the same manner on October 31, 2015, and subsequently stolen the food in the market price, with food in the air condition located on the half or underground.

4. On November 1, 2015, the Defendant: (a) went into and intruded on the same method at around 03:58, Nov. 1, 2015; (b) cut off drinking water at the market price in the air condition, and continuously cut off the drinking water in the air condition, and (c) cut off, with one point at the dried Zone as soon as the market price was verified by the Defendant at the dried Zone.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes to investigation reports (verification of CCTV images of the E Announcement Institute) and CCTV photographs of the E Announcement Institute;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Article 330 of the same Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. Crimes No. 1, 2, and 3 of the sentencing criteria [the scope of recommending punishment] th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

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