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(영문) 서울동부지방법원 2016.01.15 2015고단3483

상습야간건조물침입절도

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the early branch of the Chuncheon District Court on January 17, 2013. On October 8, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for habitual night structure intrusion larceny in the Seoul Eastern District Court and is currently under suspended sentence of two years for a suspended sentence of one year and six months, and was subject to juvenile protective disposition three times for special larceny, etc.

[2] On October 25, 2015, around 00:26, the Defendant came to a restaurant operated by the victim D, the victim D in Seongdong-gu Seoul Metropolitan Government 1 story, and attempted to steals property after intrusion into the above restaurant through the toilet window in an unrecepted place, but the Defendant did not commit an attempted crime, when the alarm system operates, and the Defendant did not have the intent to escape, and did not go to the wind.

From around that time to November 5, 2015, the Defendant, as indicated in the list of crimes attached hereto, had habitually intruded on a structure managed by the damaged person at night, and had attempted to steals another’s property or stolen another’s 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. Each E, D, and F statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Each CCTV photograph (the No. 4, 13, and 17 of the evidence list), CCTV photographs and arbits, CCTV photographs, and CCTV and photographs of the location where the crime is committed;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, and each written judgment (Evidence Nos. 28, 29);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that each crime is planned to be committed in a short term;

1. Relevant Articles 332, 330, and 342 of the Criminal Act concerning the facts constituting an offense (in general, the larceny of buildings habitually intruded at night);

1. The reason for sentencing under Article 48(1) of the Criminal Act is that the Defendant was subject to suspended sentence of imprisonment twice with prison labor for the same thief crime.