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(영문) 서울서부지방법원 2018.01.31 2017고단3696
건조물침입
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On March 27, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny at the Suwon Franchisium on March 27, 2015, and completed the execution of the sentence on July 30, 2016.

1. On February 11, 2017, at around 10:25, the Defendant requested “FV restaurant” operated by the victim FT in Changwon-si FT, Changwon-si, to deliver food to the victim, and then, the Defendant waiting in the vicinity of the victim’s restaurant and then the victim went to the entrance of the said restaurant on the victim’s mind that he stolen the article, and then entered the restaurant through the entrance of the said restaurant.

2. On February 11, 2017, the Defendant requested from the victim FY “FY” operated by the victim FX in FW of Changwon-si, a window to deliver food to the victim. On February 11, 2017, the Defendant waiting in the vicinity of the victim’s restaurant, and then the victim saw the restaurant into the entrance of the above restaurant, resulting in the victim’s theft of the article, and then she went into the entrance of the above restaurant.

Accordingly, the defendant invadedd another person's structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the FU;

1. A written statement of the FX;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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