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(영문) 서울남부지방법원 2015.09.04 2015고단3115
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On July 21, 2011, the Defendant was sentenced to imprisonment with prison labor for robbery and injury at Seoul Southern District Court for three years and six months, and on June 30, 2014, the period of parole passed on October 11, 2014 during the execution of the sentence.

【Criminal Facts】

1. On July 1, 2015, the Defendant: (a) around 22:00 on July 1, 2015, 2015, carried out goods in the “E” operated by the victim D; (b) on the part of the victim D in Guro-gu Seoul Metropolitan Government, the Defendant: (c) carried out goods in the total amount of KRW 2,300 per unit market price, which is equivalent to KRW 1,200 per unit market price, owned by the victim in his/her corridor chips he/she was he/she stored in his/her corridor; and (d) 2L, which is equivalent to KRW 1,100,00 per unit market price.

In addition, from around that time to July 29, 2015, the Defendant: (a) entered each residence of the victims at night over eight times in total, including the list of crimes in the annexed sheet; and (b) cut off the victim’s total amount of KRW 1,216,300.

2. On July 1, 2015, the Defendant: (a) opened the entrance doors of the storage of bedclothess, which are managed by the victim FF in Guro-gu Seoul Metropolitan Government first floor, and intruded into the victim’s structures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H, I, J, and K;

1. Each statement of L, M, D, and F;

1. Police seizure records;

1. Copy of each on-site photograph, on-site CCTV photograph, field map, CCTV-cape photograph, and on-site CCTV CD;

1. Previous convictions in judgment: Criminal records, investigation reports (report on results before and after dispositions), copies of judgment, and application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Relevant provisions of the Criminal Act and Articles 330 (a) and 319 (1) of the Criminal Act concerning facts constituting an offense, and Articles 330 (a) and 319 (1) of the Criminal Act (a point of intrusion upon a building and choice

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent criminals [the scope of recommending punishment] the mitigated area (8 to 16 months) of the mitigated area (8 to 196 months) of the Criminal Act.

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