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(영문) 서울남부지방법원 2014.08.20 2014고단2075
야간방실침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 4, 5, 6 or 7 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On July 28, 1988, the Defendant was sentenced to a suspended sentence of one year for special larceny at the Ulsan District Court, and was sentenced to a summary order of three million won for larceny, etc. at the Ulsan District Court on March 30, 2005.

【Criminal Facts】 around 23:00 on June 1, 2014, the Defendant: (a) invaded on the victim D's election office for the candidate of the Gu Council member located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) obtained one LGam North Korea and one Nowon-gu bank; (c) two CPU 1, 1GB MU Meba card; and (d) one 250GB Meba disc disc.

around 01:00 on May 8, 2012, the Defendant: (a) opened a corrected door door door to be hidden in an emergency stairs leading to the rooftop and opened a correction door; and (b) had EXE-North Korea one of the victim’s market value on the small wave. (c) around 01:00 on May 8, 2012, 201, EXE-North Korea.

Accordingly, the defendant invadedd another person's room at night and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to the victim D and F;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the reason for sentencing under Article 48(1)1 of the Criminal Act is favorable for the defendant to recognize and reflects his mistake, the crime of this case is ordered as ordered by considering all of the following factors: (a) the defendant intrudes into an indoor office at night and thereby steals goods; (b) the nature of the crime is bad; (c) there is no other effort to recover damage; (d) there is a number of records of punishment for the same crime; and (e) other all of the sentencing conditions, including the defendant’s age, character and conduct, family environment

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