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(영문) 서울동부지방법원 2017.04.12 2017고단565
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to two years of imprisonment by the Incheon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence on April 16, 2015.

Criminal facts

1. Night intrusion theft;

A. On February 12, 2017, the Defendant: (a) around 05:30 on February 12, 2017, opened a guest room in Seoul Gwangjin-gu, and opened a entrance of the above hotel 206, which was not opened a daily opening, and intruded into the guest room and was placed in front of the door; (b) KRW 40,000,000 in cash owned by the victim on the part of the victim E, who was located in the front of the door; and (c) KRW 160,000 in cash owned by the victim on the part of the victim E, who was located in the outside of the victim F.

L. A. L. theft was committed.

B. On February 12, 2017, at around 06:46, the Defendant: (a) opened a door of the guest room in Seoul Gwangjin-gu Seoul Special Metropolitan City, and opened a door of the guest room in the door of the guest room and intrudes into the guest room to find out the name on the part of the victim’s wall where the name on the part of the customer cannot be known; (b) KRW 37,000 in cash owned by the victim;

L. A. L. theft was committed.

2. On February 12, 2017, around 08:40 on February 12, 2017, the Defendant: (a) committed a theft with the cash of KRW 12,000 owned by the victim, for whom the name on his/her customer was unknown, by opening the door door of the guest room in Seoul Special Metropolitan City Gwangjin-gu, and opening the door door of the guest room in the guest room and intrusion into the guest room.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. A written statement (F);

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the text of the judgment and copies of the summary order);

1. Relevant legal provisions of the Criminal Act and Articles 330, 319 (1), and 329 of the Criminal Act concerning criminal facts, and the choice of imprisonment, respectively;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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