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(영문) 전주지방법원 2016.01.28 2015고단2171
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On August 27, 2012, the Defendant was sentenced to imprisonment with prison labor for robbery and three years and six months at the Jeonju District Court on August 27, 2012, and completed the execution of the sentence at the Jeonju Prison on November 20, 2015.

[Criminal facts]

1. On November 25, 2015, the Defendant invadedd a structure: (a) around 00:37, the victim D located in the Yancheon-gu Seoul Metropolitan City, Seoul Metropolitan City, and opened the entrance door of the said hospital for the purpose of diving at the same time; (b) around November 25, 2015, the Defendant opened the entrance door of the said hospital for the purpose of diving at the same time; and (c) intruded the structure managed by the victim D.

2. On November 26, 2015, the Defendant: (a) intruded into the original department located on the first floor of the above hospital, through the entrance of the hospital located in the Yansan-gu, Seoul-si, Seoul-si on the night-time (06:20, Nov. 26, 2015; and (b) cancelled the locking system to return fices of the credit cooperative located therein using any crebs in the front section of the hospital and the reception unit; and (c) removed the locking system, and 1250,000 won in cash owned by the victim D, which were located in the credit cooperative.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on occurrence of a disaster;

1. Written statements of D;

1. Each investigation report (in relation to face comparison, identity of a suspect, arrest process, and attaching CCTV images at the time of committing a crime);

1. A sunrise mark;

1. Photographs of crimes;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report on confirmation of period of repeated crime);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment), and Article 330 of the Criminal Act (a point of larceny by intrusion on a structure at night);

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

1. Grounds for sentencing of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from intrusion on a structure at night with heavy punishment)

1. From one month to thirty years of the applicable sentences in law; and

2. The scope of the recommended punishment according to the sentencing criteria (the offense of intrusion upon residence is not subject to the sentencing criteria, and it is based on the sentencing criteria for larceny against structures at night.

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