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(영문) 인천지방법원 2016.01.21 2015고단8140
야간방실침입절도등
Text

A person shall be punished by imprisonment with prison labor for one month for a crime set forth in the holding of the defendant, and for four months for a crime set forth in the holding of the defendant.

seizure.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at Seoul Western District Court on June 15, 2015, and the judgment became final and conclusive on October 11, 2015.

1. On August 22, 2014, around 03:00 on August 22, 2014, the Defendant: (a) went into the K Office located within the first floor J church under the first ground of Gyeyang-gu Incheon Gyeyang-gu, Incheon, with six resident registration certificates (M, F, D, E, H, G), two pages of vehicle driving licenses (C, E), one hospital medical certificate (E) managed by the victim L, who intruded into the said office through open door, and stored the lost object.

2. A theft Defendant: (a) was on November 15, 2015, located in Gyeyang-gu Incheon Gyeyang-gu N on November 15, 2015; and (b) was on his temporary stay.

In the O church, 90,00 won, cash 90,000 won, which is owned by the victim, and 1 ambath, 50 ambaths, 1 ambaths, 2 ambaths, 2 ambaths, and ambaths with goods equivalent to 32,300 won in total, including one ambaths.

3. On December 13, 2015, around 10:30 on December 13, 2015, the Defendant: (a) invaded on a structure; and (b) intruded into the Scto Market operated by the victim R of Q in Gyeyang-gu Incheon, by open doors; and (c) stolen the total market price of KRW 21,000 won, including two drinking water, ice Cream, 2 fruits, 1 canned in a day, and 3 gushed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of P, T and R;

1. Each protocol of seizure and the list of seizure;

1. Previous convictions in the judgment: Application of a written reply to inquiries, such as criminal history, (A), written judgment (Seoul Western District Court Decision 2014 Height 3538), written judgment (Seoul Western District Court Decision 2015No. 260, Seoul Western District Court Decision 2015No. 2015), written judgment (Supreme Court Decision 2015Do 6767), personal identification, and statutes on the status of acceptance;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief for intrusion by night room), Article 329 of the Criminal Act (a thief), Article 319 (1) of the Criminal Act (a point of intrusion upon a structure), and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes (the criminal records of larceny, etc. are included therein).

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