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(영문) 서울동부지방법원 2018.02.08 2018고단8
야간방실침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court (Seoul Southern District Court) on July 19, 2017, and completed the execution of the said punishment at Jinju prison.

On December 20, 2017, around 07:26, the Defendant discovered that the entrance door of 208 owned by the victim E was not corrected, and opened it, and had approximately KRW 638,00 of the total market price owned by the victim and KRW 638,00 (eight, half, half, half, half, half, half, one, half, ear, and half) around 07:26.

Accordingly, the defendant stolen the property owned by the victim by intrusion into the room occupied by the victim at night.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Calculation of an investigation report, report on internal investigation (verification of CCTV images), investigation report (verification of the time when the crime was committed, time when the crime was committed, time when the crime was committed, and time when the crime was committed from sunrise;

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

1. Photographss of damaged objects and CCTV images;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Attachment to previous convictions, etc. for repeated crimes), text of judgment, search records of cases and current status of personal confinement;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act for general property [Article 35] 4 of the th (Special Mitigation to One year and six months) (Special Mitigation to One year) mitigated area (Special Mitigation to One year and six months)] / Influence of punishment / Influence of a repeated crime of the same kind that does not correspond to the aggravation of specific crimes (determination of sentence] : The defendant committed the crime of this case during the period of repeated crime of the same kind: The victim does not want punishment; the victim does not want punishment; and the amount of damage is minor. It is so decided as per Disposition with the assent of all participating Justices on the grounds that he/she exceeded the scope of recommendation by taking into account all the above favorable circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances

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