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(영문) 서울동부지방법원 2014.04.30 2013고단3141
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) led Libera and stolen things; and (b) taken the libera.

1. On August 11, 2013, around 05:13, the Defendant opened and intruded with a warehouse entrance without a correction device at the “Dcar Center” in the operation of the victim C located in Gwangjin-gu Seoul Special Metropolitan City, and used 10 wheel 10,000 won in total at the market price of the victim’s possession, which was kept in custody, and stolen it.

2. On August 12, 2013, at around 03:20, the Defendant opened and intruded the entrance door of a warehouse not locked at a place specified in paragraph (1), and used three wheelchairs, which amounting to a total of 1.50,000 won of the market price owned by the victim, and used three wheelchairs and stolen them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (at night confirmation);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Act (the decision of a sentence] thief [special scief] - In a case where a person intrudes into a place other than the indoor residential space of a living-type crime subject to mitigated factors (the decision of the recommended area] special mitigation area [the decision of the recommended area] from April to one year and six months [the decision of the sentencing range] from April to one year and six months [the decision of the recommended area], relatively minor, health is not good, and is a basic living beneficiary, etc.

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