야간건조물침입절도
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized pipes (Evidence No. 19), stock farms (Evidence No. 20), .
Punishment of the crime
[Criminal Power] On February 23, 2011, the Defendant was sentenced to a suspended sentence of two years and six months for a special robbery in the Daejeon District Court’s Incheon District Court’s Branch on September 14, 201, and was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) by the Incheon District Court on September 14, 2012, and the said suspended sentence became final and conclusive on November 2, 201, and the said suspended sentence was terminated on July 4, 2016.
【Criminal Facts】
1. On August 12, 2016, at around 20:19, the Defendant committed the crime against the victim C at a “E” cell phone store operated by the victim C in Nam-gu Incheon Metropolitan City, Nam-gu. Around 20:19, the Defendant opened and intruded the above door in a manner that knifes the back of the pipe knife and knife the pipe knifeed, and knife it by making knife and knife, then, the Defendant was in possession of a total of 43 cellular phone total amounting to KRW 28,07,50, the market value of the victim at the display stand.
Accordingly, the Defendant invaded upon a human structure at night and stolen the victim's property.
2. On August 28, 201, the Defendant committed the crime against the Victim F at H mobile phone store operated by the victim F in Bupyeong-gu Incheon Metropolitan City on August 28, 2016: (a) opened and intrudes into a closed cell phone store in his/her hand with the rear door thereof; and (b) kept 18 cell phoness holding a total amount of 16,094,100 won of the market value of the victim F in his/her possession.
Accordingly, the Defendant invaded upon a human structure at night and stolen the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes in writing C;
1. Article 330 of the Criminal Act concerning the facts constituting the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are the same.