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(영문) 춘천지방법원 강릉지원 2016.04.21 2016고단177

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for night structure intrusion theft, etc. in the Gangnam District Court of Chuncheon on November 28, 2013, and on July 30, 2014, the period of parole passed on September 22, 2014 during the execution of the sentence in the Gangnam Prison.

Criminal facts

On February 13, 2016, the Defendant: (a) up to 02:22 on February 13, 2016, 1.5 million won in cash in the bank owned by the victim E in the Kabter display site after cutting the lock door in advance, leaving the earth and sand face, leaving the iron door to the building beyond the iron door, and opening the Kabter’s toilet and intrusion into the said Kabrter’s Kabr.

They go back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A photograph of a CCTV image to be cut;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the confirmation and report of the period of repeated offense);

1. Article 330 of the Criminal Act concerning the crime;

1. Scope of sentenced punishment for a repeated offense under Article 35 of the Criminal Act, which has committed a crime for the same type of repeated offense on one occasion during the period of sentencing, and which has agreed with victims: 8 months: Imprisonment with prison labor; 1 year and six months (the area of larceny, theft against general property, theft against general property, type No. 4, mitigation (in cases of intrusion into a place outside of an indoor residential space, source of punishment, kind of repeated offense);