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(영문) 수원지방법원 2015.04.16 2015고단401
야간건조물침입절도
Text

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

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On April 17, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on November 29, 2013, and the remaining term of imprisonment has expired on January 2, 2014.

【Criminal Facts】

At around 00:50 on January 19, 2015, the Defendant: (a) opened an entrance and intruded into the office room using the end of the string of the steel lines to cover up the office space; (b) opened an entrance in a way that can cover up the space of the office; and (c) intruded into the office, the Defendant used four computers for the work of the victim D, three external hard disks disks, three cash disks, and KRW 5.10,000,00 in a simplified safe, with one charging box, one charging box, one filling box, and one external habitr, one, etc., with the total market value of KRW 6.86,00,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements from victims related to damaged goods and reporting thereon);

1. Each protocol of seizure and the list of seizure;

1. The photographs of each seized article;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (a) and Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of Recommendation / [Article 48 (1) 1] mitigated area (Article 4 (1) (Article 8-1 and 6) for general property / Where a person subject to special mitigation / [Article 4] intrudes into a place other than an indoor residential space (Article 4) / In cases of repeated crime of the same kind (Article 4), which is not an indoor residential space (Article 4) / Imprisonment with prison labor for 10 months (decision on a sentence] (Article 48 (1) 1 of the Confiscation Criminal Act; a repeated crime was committed during the period of the same kind of crime; damage was returned most

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