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(영문) 광주지방법원 순천지원 2017.05.17 2017고단359
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 8, 2017, around 01:00, the Defendant opened and intruded into the D office located in C, which was not corrected, and brought one cash of 374,500 won and one head of the Suwon Cooperative Tong owned by the victim E, which was located in the west on his book, and brought one money and valuables equivalent to KRW 1,769,50, the sum of the victims’ possession from December 17, 2016 to February 04:0, 2017, as indicated in the list of crimes in the attached Form, from around 01:0 on December 17, 2016 to February 14, 2017.

Accordingly, the defendant invadedd a structure at night and stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, and K;

1. Investigation report (in the field, flood cases, CCTV cases, cases of raising the suspect, cases of raising the suspect, cases of investigation plan), investigation report (CCTV verification case, cases of the combination file, cases of confirming the suspect's accommodation place, cases of preparation of crime list);

1. Police seizure records (voluntary submission), list of seizure, and photographs of seized articles;

1. A report on the results of field identification;

1. Written fingerprint appraisal results, the confirmation of identity of the fingerprints of the theft case, and the fingerprint appraisal results of the theft case;

1. Application of Acts and subordinate statutes on site photographs;

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

1. The punishment as described in the order shall be determined, taking into account the following circumstances as to the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against victims G with the largest criminal situation by night-time intrusion larceny) of the Criminal Act, and other various conditions of sentencing, including the defendant's age, environment, and environment:

The favorable circumstances: The defendant recognized each of the crimes of this case and reflected, the defendant seems to have committed each of the crimes of this case because of the economic difficulty of the defendant, the victim I and J do not want the punishment of the defendant: The defendant can have the same power, and the structure may intrude into the structure at night, and thus, it has been 11 times against many victims.

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