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(영문) 청주지방법원 2015.06.18 2015고단408
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to a suspended sentence of six months at the Cheongju District Court for the following reasons: (a) on December 19, 2014, the Defendant was sentenced to a suspended sentence of five months by imprisonment with prison labor for night-time robbery and larceny at the Cheongju District Court; and (b) on December 27, 2014, the said sentence became final and conclusive on December 27, 2014.

1. On October 6, 2014, at around 02:20, the Defendant: (a) opened a door of the medical support room that was not locked for the first time to the third floor of the main floor of the Jinseong-gun Hospital located in the Central Northern-gun, Jincheon-gun; and (b) invaded into that door, and stolen Samsung Ggal gal gal gal mal mal mal malpology in an amount equivalent to KRW 300,00,000 at the market price of the victim C

2. On October 26, 2014, at around 18:30, the Defendant: (a) opened an entrance of an operation room in the outer area and a National Assembly member located in Jincheon-gun, Jincheon-gun; and (b) intruded into the entrance, and cut off with 10,000 Libya’s market value equivalent to KRW 10,00,000,000,000 in the market value of the victim F, which was located in the first half of the ship; (c) four injections equivalent to KRW 240,00,000 in the market value; and (d) fifteen,00,000,000 won in the market value.

3. On October 30, 2014, at around 10:00, the Defendant entered the first senior citizen center managed by the victim H in Jincheon-gun G in Jincheon-gun, Jincheon-gun, and entered the entrance and visit to the plan, and intruded on the structure without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police to J and H;

1. A written statement prepared in C;

1. Police seizure records;

1. On-site photographs and internal investigation reports;

1. Previous convictions in judgment: Application of investigation reports (verification of criminal records of the same kind)-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (a point of intrusion upon a structure at night) of the same Act;

1. Selection of imprisonment with prison labor for an option of punishment, or an intrusion upon a structure;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are 1.

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