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(영문) 의정부지방법원 2020.05.25 2020고단965
건조물침입등
Text

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

Reasons

On June 14, 2018, the Defendant had been sentenced to one year of imprisonment with prison labor for larceny, etc. by the District Court of the Republic of Korea on June 14, 2018, and on March 1, 2019, the Defendant completed the execution of the sentence.

Punishment of the crime

At around 14:40 on February 12, 2020, the Defendant confirmed that there was no human seal at the D jumb operated by the victim C in Macheon-si B, and confirmed that there was no seal, and went into the jumb through a door, and opened a vehicle door that does not have any corrective device, such as coaches and vehicles parked there, and entered the door into the vehicle door to remove an automobile distribution line, body lebber, audio system, and tamper, which are parts of the vehicle at a total amount of KRW 2,50,000 in the market value owned by the victim.

Accordingly, the defendant invadedd on the structure managed by the victim, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A criminal investigation report (related toCCTV attachment), a criminal investigation report (verification of damaged goods), a criminal investigation report (a list of additionally damaged goods and final arrangement of damaged goods), and a criminal investigation report (re-verification of damaged goods);

1. Photographss of CCTV images, noses of damaged vehicles or internal verification photographs, and additional damaged photographs;

1. Previous records: Application of criminal records, investigation reports (a result of search by A prisoner and results of search by an investigative subject), results of search by prisoners, investigation reports (a repeated crime and confirmation of the same record) to Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Scope of punishment by law: One month to eighteen years;

2. The range of recommending punishment according to the sentencing guidelines [decision of types]; thief [No. 4] intrusion theft [special salvists] mitigated elements for general property: In cases of intrusion upon places other than indoor residential spaces, punishment shall not be imposed.

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