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(영문) 서울남부지방법원 2016.06.23 2015고단4539
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Power of crime] On May 2, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court on May 2, 2013 and completed the execution of the said sentence at a public prison on June 20, 2014.

[Criminal facts]

1. On September 26, 2015, around 07:30 on September 26, 2015, the Defendant: (a) opened a door in Turkey with the victim F, a director of the said E (State) in the eight E-story management support team office of the building in Geumcheon-gu Seoul Metropolitan Government; (b) opened the door in the office with the hidden by the victim F, and intrudes the victim’s building into the office; and (c) cut off with approximately two hundred thousand won in cash owned by the victim in the on the face of the victim.

2. On September 28, 2015, around 01:30, the Defendant: (a) intruded into an office in the same manner as above at around 01:30 on September 28, 2015; and (b) stolen the cash amount of KRW 1.6 million on the part of the victim’s book.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement, a personnel record card, a criminal investigation report (related to the victim's relative investigation), a criminal investigation report (on-site chief officer and a relative investigation of a suspect);

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on criminal investigation (prior convictions and report on criminal records);

1. Article 330 of the Criminal Act (a thief by intrusion on a structure at night), Article 329, and Article 319 (1) of the same Act concerning facts constituting an offense (a thief by intrusion on a structure at night);

1. Selection of imprisonment with prison labor for a crime of selective larceny and intrusion into a structure;

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

1. Grounds for sentencing of concurrent crimes as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed by larceny at night, in which punishment is most severe) of the said Act;

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. Application of the sentencing criteria [No. 1 crime] Intrusion upon a structure at night;

(a) Determination of types: [10] thief, 01. thief for general property, [4] thief for intrusion;

B. Special sentencing factors: Reduction factors (influences into places other than indoor residential spaces).

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