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(영문) 서울북부지방법원 2019.09.25 2019고단3368
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 22, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Seogsan Branch of the Daejeon District Court on September 22, 2016, and completed the execution of the sentence in the North Korean Prison I of the Daejeon District Court on January 22, 2019.

On July 21, 2019, at around 03:36, the Defendant: (a) opened a window not lockedly following the public wall and intruded into the public wall and stolen it with one set of Nowon-gu, the market price of KRW 2,000,000, which is the victim’s ownership on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C and E;

1. A written statement;

1. The statement to the effect that among the police seizure records dated August 8, 2019, the seizure of 64GB SD cards from the Defendant was made by the Defendant, from E during the police seizure records dated August 12, 2019.

1. Investigation report (including on-site CCTV investigation, CCTV tracking investigation, tracking investigation for crime prevention, confirmation of the details of payment of cards by the suspect, on-site identification reports, and attachment of field photographs - accompanying photographs), CCTV images, photograph of the suspect who has taken CCTVs, photograph of the seat of the CCTV images, card receipt, on-site identification reports, response to requests for information, investigation report (in cases of clothes of the suspect's residence and suspect's suspect's suspect's whereabouts, with respect to his/her clothes), inside photo of the dormitory, SD card photograph, Nowon-North photograph;

1. At least one mountain village;

1. Previous records: Criminal records and other inquiries, investigation reports (verification of the period of repeated crime of a suspect), and application of Acts and subordinate statutes on the status of individual confinement;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The reason for the sentencing of Article 35 of the Criminal Act [the scope of recommending punishment] the mitigated area (8 to 1 year and 6 months) for general property [special mitigation] [the decision of sentencing] where the defendant intrudes into places other than indoor residential space (the decision of sentence four types], but the first head of the decision of the defendant.

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