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(영문) 서울서부지방법원 2016.04.27 2016고단577
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Force” On September 18, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two months and a fine of three hundred thousand won in the Incheon District Court on the following grounds: (a) on August 30, 2015, the enforcement of the sentence was terminated at the Incheon Detention House.

【Criminal facts constituting the Defendant: (a) around February 20, 2016, at the “E” coffee shop operated by the victim D located in Mapo-gu Seoul Metropolitan Government on February 20, 2016; (b) opened up a correction device by dividing the hand of the lock door, and intrudes into the correction device; and (c) opened up KRW 100,000 in cash owned by the victim during the payment period of the said coffee shop deposit.

They go back.

From that time until 02:24 of the same day, the Defendant invadedd the victims' stores on three occasions, such as the list of crimes, and stolen the property.

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. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the date of termination of the execution of the criminal suspect's punishment), and application of Acts and subordinate statutes to report on investigation (Attachment to the same type of

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

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. A crime for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment ] a crime under Article 48 (1) 3 of the same Act for a similar repeated crime not falling under the category 4 (Special Reduction or Exemption) in the mitigated area (Special Reduction or Exemption) [the scope of recommending punishment ] / A crime under Article 48 (1) 2 of the same repeated crime of the same kind which intrudes into a place other than the indoor residential space (the scope of recommended punishment ] in the mitigated area (the range of eight months to one year) (the special mitigation) [the person who is special mitigation ] / (4) / (3) of the same repeated crime not falling under the category 4 (Special Reduction or Exemption) in general property / [the scope of recommending punishment / [the scope of special mitigation] in the indoor residential space of the general property / [the scope of punishment / [the special mitigation area]

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