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(영문) 서울동부지방법원 2018.04.18 2018고단560
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 5 shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

On August 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on August 12, 2016 and completed the execution of the sentence in Seoul Southern District Court on November 20, 2016.

1. Around September 2017, the Defendant embezzled the property that he/she had on his/her own idea, without following necessary procedures, such as acquiring a 3 mobile phone when he/she lost his/her name in the D body room located in Gangdong-gu Seoul Metropolitan Government, and returning it to the victim, at the market price of Samsung Gal ju (S3 mobilephone).

2. On February 9, 2018, the Defendant: (a) at the main point of “G” operated by the Victim F of the Victim F in Seongdong-gu Seoul Metropolitan Government on February 9, 2018; (b) used a cresh in the victim’s leaving from Seongdong-gu, Seoul; (c) used the cresh of the victim’s cresh; (d) intruded the victim’s toilet window behind the said main building by hand and intruded into the main point; and (d) carried 1.50,000 won

Accordingly, the defendant stolen property by impairing another person's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Each protocol of seizure and the list of seizure;

1. A criminal investigation report (verification of hours during a day);

1. CCTV photographs, damaged photographs, and seized photographs;

1. Previous convictions entered in facts of crime: The application of a reply to inquiry, such as criminal history, and the results of prisoners search;

1. Relevant legal provisions concerning facts constituting an offense, and Article 360 (1) of the Criminal Act that selects punishment (a point of embezzlement of deserted articles in possession, choice of imprisonment), and Article 330 of the Criminal Act (a point of larceny of intrusion upon a structure at night);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. Application of the sentencing criteria;

A. In the place other than indoor residential space, it is located outside of the mitigated area (referring to eight months to one year and six months) of larceny in the night building (the scope of punishment recommended] of larceny in general property.

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