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(영문) 서울북부지방법원 2018.04.19 2018고단480
야간주거침입절도
Text

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

Seized evidence No. 5 shall be forfeited from the defendant.

Reasons

Punishment of the crime

[2] On March 28, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years and for a short of one year and six months for a crime of violation of the Act on the Aggravated Punishment of Specific Crimes at the Jung-gu District Court on March 28, 2013; on May 27, 2015, the Defendant was sentenced to imprisonment with prison labor for special larceny from the Suwon District Court on May 27, 2015; on January 24, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny and completed the execution of the sentence in Daejeon District Court on November 8, 2017.

[Criminal facts]

1. On January 23, 2018, the Defendant: (a) around 01:40 on January 23, 2018, the Defendant: (b) opened a door at a D restaurant located in Jung-gu Seoul Metropolitan Government, and opened a door without any cresh; and (c) intruded into the Fransh and stolen the cash of KRW 200,000 on the part of the Defendant, who was in the Fransh Treasury.

2. On February 4, 2018, the Defendant: (a) around 05:10 on February 4, 2018, in G located in Jung-gu Seoul, Jung-gu, Seoul; (b) opened a locking system of the entrance and intruded into the entrance of a multi-use knife (one knife), which had been in possession of any creb in advance; and (c) stolen the Defendant, with the sum of KRW 130,000 in cash owned by the Victim H and KRW 380,00 in gift certificates KRW 250,00 in total.

As a result, the Defendant stolen the property amounting to KRW 580,000 on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. Larceny evidence photographs;

1. Each report on investigation;

1. Seizure records;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (prior convictions of suspects and repeated offenses), personal confinement status, and application of the text of the judgment;

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

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is against the defendant's attempt to commit the instant crime.

The amount of damage is not so big.

The defendant is the first half of the 20th.

However, at night, the defendant intruded into a structure, and had multiple-use blades in this process.

Defendant is punished for the same kind of crime.

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