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(영문) 인천지방법원 2017.11.29 2016고단5804
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 27, 2016, at around 04:46, the Defendant: (a) committed theft with one computer monitor with a total of KRW 2.10,00,00,00 at the market price of four sides of the 4th corridor by opening an open door and exposing into the building of D University E, managed by the victim C in Incheon.

2. On August 3, 2016, at around 05:00, the Defendant: (a) committed theft with two computer monitors equivalent to KRW 420,00,00 at the market price on the fifth floor corridor by opening a locked door and intrusion into the building of D University F, managed by the Victim C in Incheon.

As a result, the Defendant invadedd the structure managed by the damaged person at night, and stolen the property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of C’s written laws and regulations

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] Part 1 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of punishment] Part 4 of the Act on the Larceny against general property / [the special mitigated person] Part 2 of the Act on the Aggravated Punishment of Crimes / [the scope of recommended punishment / [the scope of punishment ] Part 4 of the Act on the Larceny against general property / [the special mitigated person] Part 4 of the Act on the Aggravated Punishment of Crimes (the special mitigated person’s livelihood from April to June 1), where he intrudes into a place other than an indoor residential space / The final sentence scope pursuant to the aggravated punishment pursuant to the aggravated punishment: April 2 and 3 [the sentence] as of the following circumstances, the defendant’s age, sex, family relation, motive and condition of the crime in this case, and the sentence following the crime in this case shall be determined in consideration of the following circumstances:

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There are many damaged articles.

The defendant is an initial offender who has no past record of punishment.

Unfavorable circumstances: Other person at night.

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