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(영문) 대전지방법원 천안지원 2012.12.27 2012고단1382
건조물침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 15, 2011, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Toxic Chemicals Control Act in the Daejeon District Court's support on July 7, 2012, and completed the execution of the sentence.

1. On July 26, 2012, around 12:40 on July 26, 2012, the Defendant intruded the building into the above convenience store managed by the victim D by the victim D located in Dong-gu, Nam-gu, Dong-gu, Seoul, to steals food in the warehouse, using the gap in which the employees’ attention was neglected, and intruded into the building managed by the victim D.

2. The Defendant: (a) intruded into the warehouse of convenience stores as described in paragraph (1); and (b) stolen goods in total amounting to KRW 4,200, including the market price of red ginseng sources owned by the victim D; (c) red ginseng chips; (d) call one disease; and (d) ground bean yarn, one disease; and (e) goods stored at the convenience store.

3. At around 13:00 on July 26, 2012, the Defendant: (a) committed assault against the victim D (the aged 31) who was next in the process of undergoing an investigation in relation to the crime described in paragraphs 1 and 2 at the F police box of the Yanandong-dong Police Station, Yandong-gu, Yandong-gu, Yandong-gu, Seoul; (b) expressed the victim D(the age of 31) desire to “I am this chrop flap,” and boomed the victim’s flap with flap; and (c) flap the victim’s flap; and (d) flap the victim’s flap, one disease, which is a th

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Invoice;

1. Photographs;

1. Previous convictions in judgment: Inquiry into criminal and investigation records, confirmation of the date of release from prosecution, application of Acts and subordinate statutes to the written judgment;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the crime of larceny for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and larceny (decision of type). Larceny for general property (special scams) - mitigated factors:

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