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(영문) 서울북부지방법원 2017.08.17 2017고단2347
야간건조물침입절도등
Text

The punishment of defendants shall be one year and six months.

Reasons

Punishment of the crime

On June 9, 2016, the Defendant was sentenced to one year of imprisonment for larceny in Seoul Eastern District Court, and on May 3, 2017, the execution of sentence was terminated.

1. At night building intrusion theft: ① around 02:00 on May 17, 2017; ② around 04:0 on May 19, 2017; ③ around 03:0 on May 24, 2017; ④ around 05:0 on May 28, 2017; ④ around 04:37 on June 28, 2017, the Defendant entered the warehouse located at the back of the E store operated by D located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, into the entrance of the pipe, and opened the pipe at a level equal to (200,000 won) on the part of the waste materials contained therein.

At this night, the Defendant stolen the property by impairing the structure managed by the victim D at this time.

2. On June 2, 2017, the Defendant: (a) around 04:40 on June 2, 2017, the Defendant: (b) opened a joint entrance installed at the Dobong-gu Seoul Metropolitan Government F Borrowing; and (c) opened the door, and took off one finger of G’s fingers (20,000 won) installed in front of 01.

At this night, the Defendant stolen the property by intrusion upon the residence of the victim G at this time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Written statements of D and G;

1. Police seizure records;

1. Criminal history: The application of inquiry, reply, and the Acts and subordinate statutes as a result of prisoners search;

1. Article 330 of the Criminal Act, Article 330 of the Criminal Act;

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

1. Determination of a sentence under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as an aggravated punishment for concurrent crimes;

1. The sentencing criteria recommended: Imprisonment with prison labor for a period of four years from one year and six months;

2. Decision of punishment: to recognize errors;

There are two careers of imprisonment.

After completion of punishment for the same kind of crime, the crime was repeated several times.

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