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(영문) 서울서부지방법원 2015.03.16 2014고단2218
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 28, 2013, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Smuggling Places) at the Youngcheon District Court’s Young-gu branch on September 18, 2013, and completed the execution of the sentence.

1. On August 6, 2014, the Defendant, at around 00:14, 2018, went into another library by the library of the Seocho-gu University “Seoul Mapo University,” which was located in Mapo-gu, Seoul, 35 (Seongdong), and went into the library, and the victim C went out to a locking room on his own, and then turned out the locking room, thereby having the victim’s market value equivalent to KRW 150,000,00 of the market value of the victim’s possession, and did not go through a attempted attempt while confirming the content thereof.

2. On January 9, 2015, the Defendant: (a) around 16:20, 2015, the Defendant: (b) opened a door in which the victim D was kept in front of the instruction room of the Dong National University located in Jung-gu Seoul, Jung-gu, Seoul, and opened a door in which the victim D was not able to take up the place and then cut off the victim’s property by entering the instruction room.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Statement of the accused in the fifth trial records;

1. C’s statement;

1. Walls and photographs of bags (the fact of No. 2 on the market);

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation report (Confirmation during the period of repeated crime);

1. Written judgments of the Chuncheon District Court, 2013 Godan106 and Chuncheon District Court 2013No441; and

1. Application of Acts and subordinate statutes on the current status of individual confinement and confinement;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act which choose punishment ( point of attempted larceny of night buildings) and Article 329 of the Criminal Act;

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

1. Of concurrent crimes, it is against general property within the scope of recommendations and sentences for crimes of Article 2 of the Criminal Code, which are subject to the sentencing guidelines for the reasons for sentencing of Article 37, Article 38(1)2 and Article 50 of the Criminal Code.

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