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(영문) 서울남부지방법원 2018.09.12 2017고단5339
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On August 26, 2016, the Defendant was sentenced to ten months of imprisonment by the Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), etc., and completed the execution of the sentence in the Ansan Prison on February 13, 2017.

[2] On September 24, 2017, at around 02:40 on September 24, 2017, the Defendant: (a) went under the “E shop” operated by the victim D in Geumcheon-gu Seoul Metropolitan Government; (b) went into the bottom of a tent with a vinyl installed at the entrance of a store, and then intrudes into the tent with a wooden board and a tent, and then was the victim’s market price, which was 29,000 won at the expense of the victim’s possession, of which the victim was suffering from the display stand, with three thefts with a total of KRW 7,000,000, including one bags at the market price of KRW 19,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Photographs of damaged articles;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

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

1. The reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows: (a) the Defendant committed the instant crime during the period of repeated crimes; (b) the amount of damage is not large; and (c) the Defendant’s age, sexual conduct, environment, etc.; and (d) the punishment is determined as ordered in consideration of all the conditions of sentencing prescribed in Article 5

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