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(영문) 서울동부지방법원 2018.11.21 2018고단3090
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

On September 14, 2018, the Defendant was sentenced to six months in Seoul East Eastern District Court for larceny of intrusion on a structure at night, and the said judgment became final and conclusive on September 22, 2018.

On July 17, 2018, the Defendant: (a) around 02:52, the victim D’s operation in Gangdong-gu Seoul Metropolitan Government (Seoul) around July 17, 2018; (b) opened the entrance in front and rear by setting off it, and opened it by removing the corrective device in front and rear sides; and (c) intruded into the facility, and stolen it from the cash box under the supervision of the accounting unit.

"2018 Highest 3284"

1. Around July 29, 2018, the Defendant damaged the wall surface of the Ccusion and damaged the utility of the Defendant by breaking the Chapter 2 of the Ccusion wall wall wall for the prevention of self-injury installed at the time of night-time structure intrusion larceny, which was urgently arrested and detained in a police station located in Gangdong-dong Seoul Metropolitan Government, Gangdong-gu, Seoul, as a police station protection and detention room for the police station located in Gangdong-dong, Gangdong-gu, Seoul.

2. On July 29, 2018, around 09:59, the Defendant, who was damaged by supporting disabled persons, removed the knobity of disabled persons installed in the toilet at the 4th room of the Seoul Gangseo-dong Police Station as a knob, thereby impairing the utility of the Defendant’s equipment used by public offices by removing the knobity of disabled persons installed in the toilet at his/her hand.

Summary of Evidence

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, text of judgment (Seoul Eastern District Court Decision 2018 High Court Decision 2479 High Court Decision 2018 High Court Decision) and defendant's legal statement "2018 High Court Order 3090";

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (verification of methods of intrusion at the scene of occurrence) 2018 Madan3284;

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The application of investigation report (the confirmation of CCTV inside a detention room), investigation report (the occurrence report of the case in preparation of H team G) Acts and subordinate statutes;

1. The choice of each imprisonment with prison labor for the crime as prescribed in the corresponding Article of the Criminal Act, Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 141 (1) of the Criminal Act (a point of damaging things for public use), and Article 141 (1) of the Criminal Act, and

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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