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(영문) 인천지방법원 2016.08.04 2016고단3729
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On January 23, 2014, the Defendant was sentenced to a maximum of two years of imprisonment with prison labor for special larceny, etc. in the Incheon District Court’s Branch Branch, and a short of one year and six months and completed the execution of the sentence on October 13, 2015.

[2] On April 3, 2016, the Defendant: (a) held a window in front of an office that was not corrected at the victim D’s parking lot office after building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around 00:5 on April 3, 2016; and (b) invaded into the house, and cited 30,000 won in cash owned by the victim.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the structure managed by the victim at night.

On March 28, 2016, the Defendant, “2016 Highest 3906, the Defendant: (a) opened and intruded the entrance door at a 'G restaurant operated by the victim F in Gyeyang-gu Incheon Gyeyang-gu, Incheon; (b) opened and intruded the entrance door; and (c) attempted to steal cash in the Friet Treasury; (d) but did not have cash in the Friet, the Defendant did not commit an attempted crime.

Summary of Evidence

[2016 Highest 3729]

1. Statement by the defendant in court;

1. Written statements of D;

1. Compilation data and investigation reports on CCTV images at the site of the case (case of response to the results of genetic appraisal);

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (the attachment of the judgment and the confirmation of the date of release);

1. Statement by the defendant in court;

1. A written statement;

1. All on-site photographs;

1. Responses to the results of evaluation of drilling and fingerprints at the scene of crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (period of repeated crime, cases pending trial, and confirmation of the same criminal record);

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Articles 342, 329 of the Criminal Act (a point of attempted larceny, a choice of imprisonment), and Article 319 (1) of the Criminal Act (a point of intrusion upon a structure and a choice of imprisonment) of the choice of punishment against the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are the period of repeated crimes due to the same crime.

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