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(영문) 서울중앙지방법원 2016.01.14 2015고단6792
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 17, 2013, the Defendant was sentenced to a suspended sentence of 8 months for larceny at night in Seoul Southern District Court on September 17, 2013. On June 12, 2014, the Defendant was sentenced to a four-month imprisonment with prison labor for intrusion of structures at night, larceny, etc. on October 28, 2014, and the said sentence became final and conclusive on October 28, 2014, and completed the execution of the final sentence after the period of parole expires on May 29, 2015.

1. On July 11, 2015, around 06:12, the Defendant: (a) stolen property from “D church” located in Gwanak-gu in Seoul Special Metropolitan City; (b) opened a central entrance; (c) intruded into a structure managed by inundation; and (d) opened a seal unconstitutional box installed on the first floor of the area to be prepared in advance; and (c) removed a 90,000 won in cash managed by the victim E in the box located in that area.

In other words, the defendant was placed in the bags where he was mershed and stolen.

2. On August 12, 2015, around 05:24, the Defendant came to “G church” located in Mapo-gu Seoul Metropolitan Government F, and opened an entrance and intrudes into a structure managed by flooding, by means of theft of property, and then opened a door and intrudes into a structure managed by flooding. The Defendant opened a door of the unconstitutional box installed on the second floor from an elevator to an underground level, which was prepared in advance by getting off the elevator, and then taken out the cash in which the amount managed by the Victim H cannot be known.

In other words, the defendant was placed in the bags where he was mershed and stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. A criminal investigation report (verification of hours on July 11, 2015);

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), report on investigation (the judgment related to repeated crimes and attachment of personal identification and acceptance status);

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), and Article 319 (1) of the Criminal Act (a stief by intrusion upon a structure and choice of imprisonment) concerning criminal facts;

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

1. The aggravated Criminal Act for concurrent crimes.

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