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(영문) 서울동부지방법원 2016.04.07 2015고단3250
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant was sentenced to six months of imprisonment for habitual larceny in the Western District Court Branch of the Daegu District Court on July 2, 2015 and completed the execution of the sentence in the Daegu Detention House on August 28, 2015.

At around 01:41 October 2, 2015, when the defendant lacks the ability to make decisions due to the collision adjustment disorder, the defendant opened and opened a corrected window and opened a small credit cooperative with a cash of 100,000 won, which is the victim-owned at the location of the car transportter, around October 12, 2015.

In addition, from October 17, 2015 to October 05:00, the Defendant, as indicated in the list of crimes, invaded all the buildings on three occasions at night, and stolen the property owned by the victims by the same method.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D, F and G;

1. Each investigation report (on-site investigation, CCTV investigation, arrest of a suspect, details of direction of inspection), and theft reports;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of the date of release from office and attachment of criminal records and repeated judgments, etc.);

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

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

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

1. The scope of the recommended punishment on the grounds of sentencing in Articles 10(2) and 55(1)3 of the Criminal Act for sentencing under Article 10(2) and Article 55(1)3 of the Criminal Act: The crime [the scope of the recommended punishment] committed from August to September 1 of the imprisonment [the scope of the punishment] committed against general property in the area other than the indoor residential space (the special mitigated (special mitigated) mitigated (type 4), the reduced area (special mitigated) (type 4), the mental and physical weak (no one responsible) / the same repeated crime (the scope of the recommended punishment] committed against general property (the scope of the punishment] which does not fall under the category 4 (Intrusion Larceny) in the mitigated area (the special aggravated (special aggravated) (type 4).

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