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(영문) 인천지방법원 부천지원 2018.11.29 2018고단2696
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 14, 2018, the Defendant, around 2018, 2696, called “E cafeteria” operated by the victim D in Seocheon-si, Seocheon-si, Seoul, opened a gate not corrected in the parking lot and intruded by the victim D, thereby putting the small 1,600 won of the market price of the victim owned by the victim into the vinyl 16 Byung, and cut off.

around 12:20 on September 16, 2018, the Defendant: (a) cut off, around the entrance door of the “H” store operated by the Victim G in Seocheon-si, Seocheon-si; (b) on September 16, 2018, the victim’s possession of alcoholic beverages amounting to KRW 5,000, the market price of which is the victim’s ownership.

Summary of Evidence

"2018 Highest 2696"

1. Statement by the defendant in court;

1. Written statements of D;

1. Data of CCTV images taken on the face of a crime: "2018 Highest 2959";

1. Statement by the defendant in court;

1. G statements;

1. Application of statutes on CCTV photographs for crime prevention;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment of concurrent crimes - The defendant recognized and reflected the mistake.

- The amount of damage in this case is minor.

- On September 7, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at night while serving a public notice by this court as an intrusion larceny and became final and conclusive on September 15, 2018, and the Defendant applied for recovery of his/her right of appeal, and is still pending in the appellate trial.

In addition, even though the Defendant had been sentenced to one time to suspend the execution of imprisonment with prison labor, and four times of fines due to the theft crimes (the criminal facts of this case are also criminal facts of the same kind).

- Other methods of crime, amount of damage, etc. shall be determined as ordered by considering the whole.

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