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(영문) 서울북부지방법원 2013.08.22 2013고단1533
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny in the Seoul Northern District Court on September 23, 201, and on May 29, 2012, the Defendant completed the execution of the sentence in the three prisons of the North North Korean Dos.

1. On May 17, 2013, at around 04:16, the Defendant: (a) intruded into the said warehouse, which is an electrical construction company operated by the victim D in Jung-gu Seoul Metropolitan Government, with approximately KRW 320,000, the market price of the victim-owned electric wires owned by the victim, and stolen them with approximately KRW 32 km.

2. On June 17, 2013, around 03:10 on June 17, 2013, the Defendant committed a theft with approximately 300,000 g of the old electric wires owned by the victim who intrudes into the said E wire storage beyond the fence and is in custody in the said storage.

3. On June 28, 2013, around 03:50 on June 28, 2013, the Defendant committed a theft with approximately 400,00 g of the old electric wires owned by the victim who intrudes into the said E wire storage beyond the fence and is in custody in the said storage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A report on investigation (to hear statements from victims);

1. On-site photographs and CCTV closure photographs;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Article 330 of the Criminal Act applicable to the crime;

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

1. In light of the circumstances favorable to the defendant, among concurrent crimes, the fact that the defendant is against the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and the fact that the victim does not want the punishment, considering the fact that the defendant has been punished several times for the same kind of crime and the defendant has committed the crime in this case during the period of repeated crime for the same kind of crime, the punishment as ordered shall be determined by taking into account the circumstances unfavorable to the defendant, and considering

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