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(영문) 서울중앙지방법원 2014.10.21 2014고단5889
건조물침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intrusion upon a structure and theft;

A. On May 2, 2014, at around 13:45, the Defendant: (a) intruded the building managed by the victim D by entering the G in Gangnam-gu Seoul Metropolitan Government FF B (B) to steals things; and (b) used the gaps in the victim surveillance negligence, the Defendant dumped the victim-owned market price, which is the victim’s market price.

B. On May 31, 2014, at around 17:58, the Defendant: (a) intruded a structure managed by the victim C in order to steals things into the H employee exclusive room located in the FA (A) located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) stolen one U.S. camera at the market price, which was the victim’s possession, using the gaps in which the victim’s surveillance was neglected; and (c) stolen them.

2. The Defendant entering a building: around 17:10 on June 1, 2014; and

In order to steals things at the place described in the port, it intrudes on the structure.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Statement of seizure of each police;

1. Photographs of each damaged article;

1. Report on occurrence (thie; application of Acts and subordinate statutes from 24 pages to 26 pages of evidence records);

1. Article 319 (1) of the Criminal Act and Articles 319 (1) through 329 of the said Act concerning facts constituting an offense, and the choice of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes by punishment and punishment as provided for in larceny around May 31, 2014, the most severe punishment and punishment for concurrent crimes);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. The sentencing guidelines (the range of recommending punishment for larceny) Nos. 1 and 2 (the range of larceny) [the range of recommending punishment for larceny] general property: The mitigated area (the period of eight months of imprisonment or one year and six months of imprisonment) (the period of one year and six months) (the period of special mitigation] where a person intrudes into a place other than an indoor residential space (the period of four types) and the aggravated punishment due to the aggravated punishment for multiple crimes: Imprisonment for up to eight months and imprisonment for two years; and

2. Determination of sentence shall be sentenced to the defendant;

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