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(영문) 서울중앙지방법원 2016.02.04 2016고단173
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Majority-related relationship] On September 17, 2013, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court due to night intrusion larceny. On June 12, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for night-time structure intrusion larceny, etc. on October 28, 2014, and was released on May 22, 2015 and the remaining term of imprisonment has expired on May 29, 2015.

[Criminal facts] Around 20:31 on October 20, 2015, the Defendant intruded into the 1st floor gate of PP set up in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City P, and then destroyed the lock-up system for the candlelight flusing down in the 2nd floor and then destroyed and damaged the lock-up system for the flusing flus of the flus.

The amount of cash equivalent to KRW 100,000 was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of Q;

1. Reporting on occurrence of a disaster;

1. A photograph of a CCTV image taken in a scarcity;

1. Previous relationship: A reply to inquiry, such as criminal history, reporting on a previous conviction of the disposition and reporting on the result thereof, and applying Acts and subordinate statutes significantly true to this court;

1. Article 330 of the Criminal Act concerning the crime;

1. It is an unfavorable circumstance that a repeated crime is an offense of a similar method during the same period of repeated crime as the sentencing of Article 35 of the Criminal Act for aggravated repeated crime.

However, the sentencing conditions stated in the records of this case, such as the confession and rebuttal, the trial is being conducted on other crimes committed by the defendant (the appeal of the defendant against the High Court Decision 6792 Decided this Court Decision), and the age of the defendant, sexual conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in consideration of the circumstances that are the conditions for sentencing specified in the records of this case.

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