(영문) 광주지방법원 2020.04.23 2019고단4194



A defendant shall be punished by imprisonment for four months.


Punishment of the crime

On February 25, 2016, the Defendant was sentenced to two years of imprisonment for habitual night building intrusion larceny at the Gwangju District Court, and completed the execution of the sentence on November 29, 2017.

On September 2, 2019, at around 02:40 on September 2, 2019, the Defendant opened and opened an unclaimed window in front of the 1st floor B in Gwangju Northern-gu, and removed KRW 50,000,000 in cash owned by the victim D at the location of the carcter.

Accordingly, the defendant invadedd another person's structure at night and stolen property.

Summary of Evidence

1. One internal investigation report (the on-site and the confirmation of nearby CCTV) and investigation report (the confirmation of nearby CCTV in the place in which the defendant's legal statement was made);

1. The appearance of the suspect before and after the crime, CCTV for the suspect moving before and after the crime, and CCTV for commercial buildings next to the place where the crime occurred;

1. Before judgment: Application of Acts and subordinate statutes on criminal records, reference to criminal records, reference to criminal records,530, reference to criminal records, reference to criminal records, and status of personal confinement;

1. Article 330 of the Criminal Act applicable to the crimes and Article 330 of the Election of Imprisonment;

1. In light of the fact that the defendant committed the crime of this case during the period of repeated crime even though he had the same criminal records of sentencing under Article 35 of the Criminal Act among repeated crimes several times, and that the crime of this case is committed again during the period of repeated crime, and that only imprisonment is provided for in the night structure intrusion larceny, imprisonment shall be sentenced. However, considering all the circumstances such as the fact that the amount that the defendant stolen was 50,000 won so that damage to the victim is not significant, and that the victim did not want the punishment of the defendant