야간건조물침입절도
A defendant shall be punished by imprisonment for a period of two months.
Punishment of the crime
[criminal history] On November 29, 2017, the Defendant was sentenced to imprisonment with prison labor for night structure intrusion larceny, etc. at the original branch of the Chuncheon District Court on November 29, 2017, and completed the execution of the sentence in the original prison on September 21, 2019.
The facts of the previous offense, which is the reason for aggravation of repeated crime, are not criminal facts, and even if it is not stated in the indictment, such facts may be tried and taken (see Supreme Court Decision 71Do2004, Dec. 21, 1971). The Defendant was sentenced to imprisonment with prison labor for two years on May 15, 2020, from the original branch of the Chuncheon District Court, such as night building intrusion theft, etc., and the judgment became final and conclusive on May 18, 2020.
[Criminal facts]
1. The Defendant committed the crime on December 30, 2019: (a) around 05:09 around December 30, 2019, at the D convenience store operated by the victim C of the victim B located in the original city, around 05:09; (b) made the entrance door of the locked place by fasting it so as to put the lock up into the lock door; (c) cut off the locking device; and (d) invaded into the convenience store through the entrance; and (e) collected 200,000 won in cash owned by the victim who was kept in custody of the depository located in the warehouse.
L. A. L. theft was committed.
Accordingly, the defendant stolen the victim's property by intrusion on the structure managed by the damaged person at night.
2. On January 2, 2020, the Defendant committed the crime of January 2, 2020: (a) invaded into the convenience store through the entrance around the above D convenience store by the method as referred to in paragraph (1) and (b) of the above paragraph; (b) cut off the cash amounting to KRW 100,000 and the total market price of KRW 298,70 in each unit, etc. (a total of KRW 12,000 in lottery tickets amounting to KRW 6,95,00 in total, KRW 12,45,00 in tobacco amounting to KRW 12,45,00 in total, KRW 34,00 in daily electronic tobacco amounting to KRW 12,70 in total, KRW 12,70 in total, and KRW 2,700 in total).
Accordingly, the defendant stolen the victim's property by intrusion on the structure managed by the damaged person at night.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Previous convictions: The results of inquiry;