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(영문) 광주지방법원 2017.08.30 2017고단1628
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On November 26, 2015, the Defendant was sentenced to one year and eight months of imprisonment with prison labor for habitual larceny at the Gwangju District Court, and on January 7, 2017, the fact that the execution of the above punishment was completed at the Gwangju District Court, which constitutes grounds for the aggravation of repeated crimes, constitutes not a crime but a crime for sentencing, and the above fact of criminal offense can be recognized based on each of the following evidence (see, e.g., Supreme Court Decision 71Do2004, Dec. 21, 1971).

[2] On February 20, 2017, around 09:00 to 11:00, the Defendant: (a) committed a theft on the 18th floor, the top floor of the elevator, and the second floor; (b) attempted to commit a theft of the victim’s previous fire fighting rink 17 windows in the market price, which were managed by the representative of the occupants of the apartment in Gwangju-gu, with a view to cutting down the 105-7 to 8Ra, with a view to cutting down the window of the fire fighting gate on the 18th floor; and (c) attempted to cut off the victim’s previous fire fighting gate gate 17 windows in the market price, which was managed by the representative of the occupants of the apartment in each floor, from March 2017 to March 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Statement made by the police for E;

1. A victim statement, G, H, and I written statement of the F;

1. On-site photographs, investigation reports (a suspect's statement and on-site verification), investigation reports (a photographic photographs of seized articles), investigation reports (a photographic photographs of seized articles), and photographs (a photographic page No. 301, 351, 377 of the investigation records);

1. Previous convictions: Application of a reply to inquiries, such as criminal history, (A), personal acceptance status, Gwangju District Court Decision 2015No. 2585 and 1605 High Order 1605 (Seoul District Court Decision 2015No. 2585 and High Order 1605 to Gwangju Prison, and a reply to inquiries about facts on August 24,

1. Article 329 of the Criminal Code (the intention of Section 329 and the choice of imprisonment with prison labor) for criminal facts and the choice of punishment.

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