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(영문) 서울동부지방법원 2015.11.25 2015고단3181
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Eastern District Court on July 21, 2013, and completed the execution of the sentence.

【Criminal Facts】

1. From August 7, 2014 to 23:00 on August 7, 2014, the Defendant considered that the victim was under the influence of alcohol in front of the victim D, located in Gangnam-gu Seoul Metropolitan Government, and that the victim was under the influence of alcohol in front of the main gate.

After about 20 to 25 minutes passed from the Defendant, the Defendant took a theft with one cellular phone of an amount equivalent to KRW 900,000 in the market price owned by the victim located in front of the main gate, which had been located in front of the main gate.

2. On September 10, 2015, around 00:06, the Defendant: (a) opened a closed door and intruded into “G” operated by the Victim F in Gwangjin-gu Seoul Special Metropolitan City, and used cash 5,900 won; (b) a water reservoir in the city; (c) a water reservoir in the city; and (d) a water reservoir in the city; and (d) theft.

Summary of Evidence

1. Defendant's legal statement;

1. Police officers and prosecutor's protocol of statement concerning D;

1. A written statement;

1. Police seizure records;

1. Photographs of video recording materials inside G;

1. Previous records: Application of the Act and subordinate statutes on inquiry reports, such as criminal records, and personal identification and confinement status;

1. Relevant legal provisions concerning facts constituting an offense and Articles 329 and 330 of the Criminal Act which select punishment;

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

1. Crimes No. 1 for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, for which concurrent crimes are aggravated, crimes No. 1 for the reason of sentencing [Extent of recommending punishment] [Article 4 for general property] for the larceny area (Article 8(1)2, and Article 50] (Article 4 for the larceny) (Article 8-1 and 6) for mitigation area (Article 8-1) for the larceny area (Article 4 for special mitigation) for general property] / Crimes No. 2 for the same repeated crime not falling under special mitigation (Article 4) for the same offense [Scope of recommending punishment] for general property (Article 2) for mitigation area (Article 4-10 for general larceny) (Article 4-10 for special mitigation).

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