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(영문) 제주지방법원 2019.11.29 2018고단1798
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On July 3, 2015, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny at Jeju District Court for one year and eight months, and was in prison on December 15, 2016, and completed the execution of the sentence.

[Criminal Facts of crime] On April 29, 2018, the Defendant: (a) around 23:00, at the Jeju-si Office for the Dispute Resolution Co., Ltd. (52 years of age) managed by the Victim B (the 52 years of age); (b) followed the entrance railing of the building; and (c) invaded into the building through a window with the second floorless multi-use room; and (d) stolen the cash amounting to KRW 400,000,000,000,000 from the

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. A written statement prepared B;

1. Each report (including attached documents) on internal investigation prepared by the police (including attachment of a report on field identification / fingerprints appraisal results, and specification of the suspected person) and images (including attached documents);

1. Each image of each photograph;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to investigation reports (including confirmation of repeated offenses and attachment of similar power judgments) prepared by the prosecution;

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of punishment under law] 1 month to 20 years (where repeated crime is aggravated), thief (decision of type] thief), thief for general property, thief for general property - thief for mitigation element - Where a person intrudes into a place other than an indoor residential space - punishment unaggravating element - thraf for aggravation of punishment - one year and 6 months (decision of sentencing] of the same repeated crime that does not fall under specific crime Aggravated Punishment area, 8 months to 1 year and 6 months [decision of sentencing] of imprisonment with prison labor: In addition to the first head of the judgment of the defendant, the juvenile protective disposition was issued by a prosecutor belonging to the Jeju District Prosecutor's Office on October 4, 191 as a larceny and night intrusion larceny, from a prosecutor belonging to the same prosecutor's office on November 18, 191 to a juvenile protective order on March 19, 196.

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