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(영문) 광주지방법원 2018.10.12 2018고단2614

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 3, 2014, 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 at the Gwangju District Court, and on April 26, 2016, the Defendant was sentenced to one year and one year of imprisonment for habitual special larceny, etc. at the same court and completed the execution of the sentence on July 18, 2017.

Criminal facts

The Defendant, from March 20, 2018 to 23:01 on the same day, 150,00 won in cash owned by the victim, who was in custody at the bottom of the calculation unit, by inserting the fingers by inserting the fingers in the entrance creh of E operated by the victim D in Nam-gu Gwangju-gu, and by intrusion into the entrance creh and opening the locking system, shall be removed.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. The CCTV closure photographs, photographs, and each investigation report at the scene of a crime;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (report on confirmation of the history of the same thief), and application of the text of the judgment;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigated area (from August to January 6) of the mitigated area (special mitigation) for general property (special mitigation) ; (b) the victim intrudes into any place other than indoor residential space; (c) the victim of the same repeated crime not falling under the aggravation of the specific crime (decision of sentencing) / The amount of damage is not substantial; (d) the victim of the same repeated crime not falling under the aggravation of the specific crime is not substantial; and (e) the victim of the same repeated crime is exempted from the sentencing criteria in consideration of the circumstances, such as the fact that he/she actively cooperated in the investigation while recognizing the crime;