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(영문) 인천지방법원 2015.11.12 2015고단5995
야간건조물침입절도
Text

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

Seized evidence 2 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

On February 27, 2015, at around 01:00, the Defendant opened a toilet room operated by the victim D in Namdong-gu Incheon Metropolitan City, Incheon, as a hand, and intruded into the beauty room. At least 20,000 won of the market price owned by the victim on the shock.

In addition, from September 14, 2015 to September 02:00, the Defendant stolen the property worth KRW 6,100,000, in total, eight times, as indicated in the annexed Crime List, by means of destroying the structure that the victim received at night and stealing the property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and D;

1. Each statement of I, J, D, G, and K;

1. Application of Acts and subordinate statutes to each protocol of seizure and each list of seizure;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Determination of Punishment] thief for general property - Where types 4 (Special Convicts) [Special Convicts] - (Type 4) have intruded into places other than indoor residential space of living-type crime for mitigation factors / [Determination of recommending area] Special mitigation Area / [Scope of Recommendation Area] April / 1 year and 16 (General Convicts] - Application Provisions of applicable Acts / [Scope of Punishment] : January to 10 (Determination of Punishment) of the Criminal Act : The defendant has a history of having been sentenced to suspension of indictment for the same kind of crime / [Determination of Punishment] 10 (Determination of Punishment] of the Criminal Act / The defendant has committed repeated crimes against many victims; the number of crimes was very poor; the victims did not recover from damage properly; and the risk of recidivism of recidivism by the defendant is high.

Provided, That the fact that the defendant is aware of and reflects on the time of committing a crime, and other defendants.

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