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(영문) 광주지방법원 2016.11.03 2016고단1834

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

[criminal power] On January 9, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and the execution of the sentence was terminated on August 31, 2014.

【Criminal Facts】

1. From May 31, 2015 to 06:00 between 09:0 and 09:00, the Defendant: (a) committed the crime against the victim C, the Defendant stolen the victim’s bank owned by the victim, including cash 125,00 won, card 2, cell phone 1 unit, identification card, etc. left by the victim C from the top seater of the wing-gu, Dong-gu, Gwangju.

2. On May 31, 2015, the Defendant: around 21:13, 2015, at the H convenience store located in Gwangju Northern-gu G, the victim F brought about a theft of one chocopha in an amount equivalent to KRW 400 in the market price owned by the victim F.

3. The Defendant, around 05:00 on September 25, 2015, entered the second floor of “K” store operated by the victim I in the Dong-gu Seoul Special Metropolitan City on September 25, 2015, resulting in the victim I’s market value of KRW 1 million.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about I, L, or M;

1. Written statements C, F, and N;

1. A report on investigation (Presumption of criminal time);

1. Table of time of sunrise and sunset;

1. Each CCTV photograph;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning the status of personal identification and confinement;

1. Relevant Articles 330 and 329 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act provides for the reasons for sentencing [the scope of recommending punishment] Article 1 of the Criminal Act; types 4 of the mitigation area (8-1-6 months) of the mitigation area (8-1-6 months) of the theft in general property; where a person has intruded into a place other than an indoor residential space (4 types); / Where a person has intruded into a place other than an indoor residential space (4) / Where special (4) of the same repeated crime, he/she is not subject to