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(영문) 서울남부지방법원 2017.10.13 2017고단2448
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for a month.

Reasons

Punishment of the crime

[criminal record] On October 16, 2015, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Seoul Southern District Court, and the enforcement of the sentence was terminated at the Seoul Southern District Court on January 11, 2016.

[Criminal facts] The Defendant from around June 16, 2016 to the same year

7. Until December 12, the store was operated without correcting the office and warehouse door in the heart while working in the “Eart” store operated by the victim D located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, without correcting the office and warehouse door, and the store became aware of the fact that the inventory of goods is not performed properly, with the shooting of the above store’s work, and then the store was invaded into the above store and the article was stolen.

On December 3, 2016, at around 00:03, the Defendant opened an office door in a warehouse that was not corrected and intruded into the store, and left the 585,000 tobacco amounting to KRW 13,00, the market price of the victim’s possession, which was kept in the head of the Hague.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Records of crime: An investigation report (related to repeated crimes), two copies of judgment, one copy of the current status of acceptance by individuals, and the results of inquiries;

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (the analysis of CCTV in the form of a suspected crime and comparison of driver's license registration pictures), and (Attachment of image files CDs);

1. One copy of a video-recording file CD in a generating place;

1. In the application of a criminal investigation report (in the first half of sunrise/ in the first half of sunset), - the application of a law in the first half of the time of sunrise/ in the first half of sunset;

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

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

1. Sentencing [Scope of Recommendations] Special mitigation Area (4 months to one year) (4 months) for the theft against general property; (4) where a living-type crime is committed; (4) where a person intrudes into places other than an indoor residential space; and (5) the scope of sentence compared with a recommendation-type sentence: April to June;

2. The amount of damage and confession of the sentence of sentence, efforts to recover damage and damage;

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