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(영문) 의정부지방법원 2017.11.29 2017고단1370
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

1. On December 10, 2016, at around 03:00, the Defendant: (a) fell into “D E” operated by the victim C; (b) cut external vinyl knife into the knife, and intrudeed into the knife with the knife; and (c) cut into the market price on the part of the victim; (b) cut off the 10 knife; (c) on January 8, 2017, the Defendant: (d) cut the outer knife into “G E” operated by the victim F in Ma-si; (d) cut the external knife into the knife with the upper part of the market price owned by the victim; and (e) cut into the knife with the knife with the knife, and cut into the knife with the knife with the outer part of the knife; (d) cut into the knif.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. A written statement of F and I;

1. Reporting on occurrence of a disaster;

1. Report on investigation (scenes taken at the scene), crimes committed by suspects, and photographs of the appearance of the suspect;

1. A report on the occurrence of an event (damage to goods and intrusion into residence);

1. On-site CCTV photographs;

1. A report on the results of field identification;

1. CCTV images used for crime prevention in front of the person's residence;

1. A criminal investigation report (case concerning the confirmation of a criminal suspect's additional crime);

1. Application of Acts and subordinate statutes to a report on investigation (case of suspect guards and knife);

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the same Act (a person who attempts to larceny intrusion on a structure at night);

1. There was no particular criminal offense against the defendant for reasons of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes until now.

The amount of damage caused by each theft of this case is not so significant.

However, the crime of this case was committed three times, and the damage was not recovered.

In principle, punishment is inevitable.

In addition, this case shall be taken into account the defendant's age, sex, environment, circumstances leading to the crime, attitude after the crime, etc.

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