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(영문) 부산지방법원 서부지원 2017.12.11 2017고단1508
야간건조물침입절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One room for green light (No. 2) seized shall be confiscated.

Reasons

Criminal facts

On December 16, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two months in the Busan District Court due to intrusion of structures at night, larceny, etc., and the execution of the sentence was terminated on May 13, 2017.

Around 03:00 on October 1, 2017, the Defendant was at the construction site of a new building, a building managed by the victim D in Busan Northern-gu, Busan-gu, at night, into the construction site where surveillance has been neglected, and the Defendant intruded into the inside of the construction site where surveillance has been unfolded, and then opened approximately 5km of electric wires installed in the wall, and put it into the mastru, into the mastru, and did not come to the wind, and the Defendant did not come to an attempted attempt. From that time to October 16, 2017, the Defendant invadedd the building five times in total, including the list of crimes, and attempted to steals the electric wires at approximately 7,300,000 HIV 107 and approximately 25 g of the pipe, and attempted to cut the electric wires at the night and about 105 g of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. Written statements of D;

1. Police seizure records;

1. Blue stuff photographs, thefted articles photographs, photographs at each scene of crime, seized articles photographs, and CCTV images;

1. Previous conviction: References to inquiries, application of investigation reports (the same criminal records of the suspect)-related Acts and subordinate statutes;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny of a structure at night) and Article 330 of the Criminal Act (the larceny of intrusion upon a structure at night);

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed by larceny at night on October 10, 2017, the nature of the crime and the grave circumstances of the crime)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Scope of recommended punishments for the sentencing criteria: Imprisonment for not less than eight months.

(a) The recommendations to commit each offence 1) The types of larceny (Nos. 1 through 5) shall be taken into account in each night structure (a. 1 to 5).

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