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(영문) 서울중앙지방법원 2015.08.06 2015고단3880
야간건조물침입절도
Text

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

Reasons

Criminal facts

On March 28, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for night building intrusion larceny at the Seoul Central District Court for ten months, and was sentenced to ten months of imprisonment with prison labor for night building intrusion larceny at the Seoul Central District Court on November 1, 2013, which is the grace period. On November 6, 2013, the above suspended sentence was invalidated upon the judgment became final and conclusive, and on March 6, 2015, the execution of each of the above suspended sentence was completed.

1. On May 2, 2015, from around 20:07 to 20:23, the Defendant coming up with the victim D in Gwanak-gu in Seoul Special Metropolitan City from the entrance of the body at the entrance of the body, and intruded into the body on the above body, and carried them out of the body of the body of the body of the victim, and carried them out of the body of the body of the victim, such as gul, the market price of which is equivalent to KRW 500,000,000.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

2. On May 6, 2015, at around 22:40, the Defendant coming back to the water surface above E, and intruded on the water surface above the water surface at the entrance of the water surface on the water surface, and then remains approximately seven hours from the water surface above, and went out of the water surface at around 06:12 on May 7, 2015, the Defendant loaded straw water at a level equivalent to KRW 500,000 in the market value, such as the dong and yellow tap tap water owned by the victim, and turned out of the water surface.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The names of the victims;

1. Other closure photographs of each CCTV image (1, 2);

1. Previous records: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, personal identification and confinement status, investigation reports (report on the same records as those of a suspect, such as repeated crime records);

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant's mistake is pened in depth and is against each of the crimes in this case.

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