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(영문) 서울남부지방법원 2014.06.12 2014고단1089
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 17, 2013, the Defendant was sentenced to two years of imprisonment with prison labor in the Seoul Southern District Court for night time and for larceny, etc. on September 25, 2013 and the said judgment became final and conclusive on September 25, 2013.

1. Larceny and intrusion upon a structure;

A. On February 14, 2014, around 11:42, 2014, the Defendant intruded into the first floor of the church located in Yongsan-gu, Yongsan-gu, Seoul, and opened a lid of the unconstitutional box established at the same time, and opened a cash 500,000 won in cash managed by the victim C, and intruded into the building managed by the victim C, and stolen another’s property.

B. On March 10, 2014, around 12:39, the Defendant: (a) carried 200,000 won in cash, which was dedicated to the donation in the same manner at the same place as the above paragraph (1); and (b) intruded upon a structure managed by people; and (c) stolen another’

2. On March 21, 2014, around 06:11, 2013, the Defendant: (a) intruded on the sexual intercourse in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, by means of a door; (b) opened a unconstitutional box installed in the front floor of the first floor by using the surface in the vicinity; and (c) stolen 500,000 won in cash managed by the victim D, which was located in the surrounding area.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Written statements of D;

1. An investigation report by the prosecution (verification of the time of sunset);

1. Previous convictions in judgment: Results of the search of prisoners and the application of statutes concerning criminal records;

1. Articles 330, 329, and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor for the crime of larceny and intrusion upon a structure which has been decided on the selection of punishment;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant confessions the crime and repents his mistake in depth, the amount of theft is relatively small, the victims do not want to punish the defendant, and they agree with two victims.

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