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(영문) 인천지방법원 2018.05.03 2018고단2357
야간건조물침입절도등
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On February 26, 2018, the Defendant: (a) opened a locked door and intruded into a structure managed by the injured party; (b) opened a shooting range and the cash storage box to force the injured party’s possession of the cash; (c) from that time, up to March 19, 2018, up to 0:0, the Defendant used the victim’s property from that time to March 19, 2018, the Defendant used the victim’s property by destroying the structure at night, as shown in the table of crimes Nos. 1 through 5 in the table of crimes committed at night; and (d) committed a theft of property owned by the injured party or attempted to steal the victim’s property, as the victim’s property was stolen, or infringed by the victim’s property again, as the victim’s list Nos. 6 through 8 in the table of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, G, H, I, J, K, L, M, N, and D;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (the percentage of crimes committed);

1. Application of the Acts and subordinate statutes to cover each CCTV image data, each CCTV photograph, a photograph of the place where each suspect was identified, a place of damage, and a photograph of the CCTV at a theft site, and a photograph of the CCTV at a theft site;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 342, 330 (a Attempted thief by intrusion upon a structure at night) of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, each of the following Articles, the selection of imprisonment for a crime;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines - Crimes Nos. 1, 2, and 3 [Scope of the recommended punishment] 4 types of theft in general property (influence) (influence between April and June).

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