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(영문) 인천지방법원 부천지원 2018.02.22 2018고단159
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On March 29, 2017, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for night-time structure intrusion larceny in Seoul Eastern District Court on March 29, 201, and the judgment became final and conclusive on April 6, 2017, and is currently under suspended sentence.

1. On January 7, 2018, the Defendant attempted to larceny at night buildings: (a) around 05:20, the “N” restaurant in the “N” restaurant in the operation of the victim M in Bupyeong-si, Bupyeong-si; (b) opened the main window in the place where there was no correction; and (c) opened the main window in the place where there was no correction; and (d) did not intrude into the part of the body, such as the hand, head, etc., in order to steal an article by intrusion into the said cre; (b) but (c) did not intrude into the victim’s body.

2. On January 7, 2018, at night, the Defendant: (a) was engaged in theft of intrusion on a structure at night; (b) was engaged in a ' Q Q Q Q from the operation of PP in Bupyeong-si around 05:40 on January 7, 2018; (c) was engaged in a cresh from the surrounding area; (d) was engaged in an intrusion into the main door door door door door door door door door door door door door door door door door door door door door door door door door door door door to the place where surveillance was neglected; and (e)

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of P and M;

1. A protocol of seizure and a list of seizure;

1. A report on the results of field identification;

1. Application of each statute on photographs;

1. Relevant Articles 342, 330 (a violation of a structure at night) and 330 (a violation of a structure at night) of the Criminal Act concerning criminal facts;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act has three times the same history of probation, and even during the period of probation due to the previous conviction, the Defendant committed the instant crime. In particular, on September 29, 2017, the Incheon District Court was sentenced to imprisonment with prison labor for at least four months due to intrusion theft of a night structure at the time, and completed the sentence (on September 29, 2017, during the appellate trial as the Incheon District Court Decision 2017No3792), taking into account the following: (a) the Defendant committed the instant crime; (b) the risk of recidivism is high; and (c) the damage has not been recovered.

However, the defendant.

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