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(영문) 부산지방법원 2016.01.29 2015고단8089
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on November 13, 2015, the Defendant completed the execution of the sentence at the Gangwon District Court.

On November 29, 2015, the Defendant: (a) entered a chip into a private teaching institute through an open side of E operated by the victim D on the second floor of Ulsan-gu Seoul apartment building C apartment building building, Ulsan-gu, Seoul-gu, with the goods worth the sum of the market price of KRW 1,415,00,00 in total, such as one CD PC, one CD PC, one computer monitor, one receipt book, one indoor one, and three fire-proof one.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each report on investigation;

1. Previous convictions: Application of criminal history data and investigation reports (such as the same criminal suspect's records, etc. and attachment of suspect's information search data);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is two weeks after the defendant has completed the execution of punishment for the same kind of crime, and the defendant has committed the crime of this case corresponding to repeated crimes.

However, the punishment shall be determined by comprehensively taking into account the following factors: the confession of the defendant, the restoration of damaged articles, the age, sexual conduct, intelligence and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime.

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