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(영문) 수원지방법원 2017.09.14 2017고단4537
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 8, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion larceny in the Gwangju District Court's Mapopoon branch on June 6, 2015, and six months of imprisonment with prison labor for night building intrusion larceny in the Gwangju District Court's Mapoon branch on June 29, 2015, and completed the execution of each of the above punishment on September 21, 2016.

1. On May 20, 2017, the Defendant: (a) was located in the Ganman Zone C around 03:00; and (b) came to an “E” suit operated by the victim D; (c) opened a door beyond the fence after the building; and (d) opened a erogate with the key located therein; and (d) cut off 15,000 won in cash owned by the victim and used 50,000 won.

2. On May 26, 2017, around 02:47, the Defendant violated the aforementioned “E” and stolen a victim’s U.S. market price, which was the victim of the U.S. head of the U.S., and was in contact with the building and fenced to the method of victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. On-site photographs;

1. 112 Declarations;

1. Investigation report (on-site chief executive officer, victim's statement), and on-site photograph;

1. Investigation reports (verification of the fact of additional damage, CCTV investigations and specific suspect), CCTV photographs;

1. Investigation report (investigation of suspect moving routes, specific suspect), CCTV-attached photographs;

1. Investigation report (the details of the prosecutor's direction);

1. Investigation report (specific suspect by statements from victims and the PC room, specific accuracy of the suspect);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to the same criminal suspect's separate decisions, etc.), investigation reports (Confirmation of the date of release), and application of criminal records and inquiries to the Acts and subordinate statutes;

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense (a thief for intrusion at night);

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of each recommendation] is the reason for the punishment of general property [the scope of each recommendation] according to the aggravation area (one year and six months to four years) (special aggravation) of the aggravated area (one year and six months to four years), which does not correspond to the aggravation of specific crimes (a repeated crime).

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