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(영문) 서울서부지방법원 2015.11.06 2015고단2220
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2015, the Defendant: (a) around 04:00 on April 6, 2015, in front of the multi-household B, Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) opened an entrance by entering the password in front of the said house; and (c) intruded into the said house; and (d) laid down the second floor as soon as possible in the corridor of the victim C, such as Swater, etc. owned by the victim C, and cut off and stolen five points of clothes equivalent to the total market value of KRW 150,000.

2. On May 23, 2015, around 04:30 on May 23, 2015, the Defendant: (a) intruded into the said house in the same manner; (b) cut off, stolen, with the inner clothes in which the market price of D owned in the third floor was unknown; and (c) continuously cut off, with twitts, in which the owner of the said house was immediately located in the 2nd floor corridor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Reports on internal investigation (on-site investigation and CCTV verification), investigation reports (Preparation of a list of damaged articles), investigation reports (Attachment of photographs);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Act: (a) Class 1 crime [Scope of Recommendation] general property; (b) Class 4 (Special Mitigation in August to June) mitigated area (Special Mitigation in Case of 4) (Special Mitigation in Case of Intrusion in Places other than Indoor Resident Space) ; (c) the mitigated area (8 to January 6) mitigated area (8 to June 6) (Special Mitigation in Case of 4) general property ; (d) the mitigated area (8 to January 6) mitigated (Special Mitigation in Case of 4) (Special Mitigation in Case of Intrusion in Places other than Indoor Resident Space ; (e) the mitigated area (in case of 4) mitigated in general property ; (e) the mitigated area (8 to January 6) [Special Mitigation in Case of 8 to June) (Special Mitigation in Case of 4).

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