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(영문) 서울남부지방법원 2015.10.28 2015고단3847
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 9, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion larceny in the Gwangju District Court’s order in the Gwangju District Court’s order, and on May 10, 2015, the Defendant completed the execution of the sentence in the net prison.

【Criminal Facts】

On August 31, 2015, the Defendant, at around 03:51, the victim D operated by Yeongdeungpo-gu Seoul Metropolitan Government on August 31, 2015, went into a crepancies between the entrance door installed at the entrance of stairs and the stairs, and intruded up to the singing room on the first floor underground, and stolen the cash amounting to KRW 130,000 owned by the victim located within the Kashter credit cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-siteCCTV photographs;

1. A report on the occurrence of a crime and a report on each investigation (for example, a report on nanotechnology and TV, and on the spot text appraisal);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), personal identifications and confinements (A), investigation reports (reports attached to judgments, etc. against A), and statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The sentencing criteria [Scope of Recommendation] the mitigated area (8 to 16 months) (special mitigation) of various types of larceny for general property; the crime of living style and intrusion upon places other than indoor residential space (4 types); the same type of repeated crime not falling under special aggravation (4);

2. Determination of sentence has a number of criminal records for the defendant, and the fact that the defendant has reached the crime of this case at the same time during the period of repeated crime for the same kind of crime is disadvantageous.

However, it seems that the defendant recognized the crime of this case and divided, and it appears that the crime was omitted in the juvenile season due to the bad growth environment, and that the victim did not want to punish the defendant, and that the defendant's own will to return to society after treating it.

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