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(영문) 서울남부지방법원 2018.03.28 2017고단2441
야간건조물침입절도
Text

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

Seized Nos. 1 and 2 shall be returned to the victim B.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 21, 2015, the Defendant was sentenced to four months by imprisonment for the attempted larceny of a structure intrusion at night in Seoul Southern District Court, and completed the execution of the said sentence on January 30, 2016.

【Criminal facts” around May 3, 2017, around 02:10, the Defendant used “D” package, a structure managed by the victim B, located in Yeongdeungpo-gu Seoul Metropolitan Government, to walk without a corrective device, and intruded the cans into the main room, and thereby 20,000 won of the market price, including three canes, three canes, three canes, and two canes, and two canes, and stolen goods at the Defendant’s house.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. A report on internal investigation (attaching photographs);

1. A protocol of seizure and a list of seizure;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and of a report on investigation (No. 8 of the list of evidence);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act / [the scope of recommendation / [the scope of punishment] for general property / [Article 333(1) of the Act / The punishment was determined as ordered within the scope of recommendation, comprehensively taking into account all the circumstances favorable or unfavorable to the defendant expressed in the arguments, such as the background and contents of the instant crime, degree of damage, criminal history, age of the defendant, career, health status, family relation, etc., in the case of intrusion upon a place other than an indoor residential space (the special mitigation / in August to one year) (the special mitigation / one year).

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