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(영문) 인천지방법원 2017.01.12 2016고단8179

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 16, 2015, the Defendant was sentenced to one year and ten months of imprisonment with prison labor due to intrusion upon a structure at night at the Incheon District Court, theft, etc., and completed the execution of the sentence at the Ganbuk Vocational Training Correctional Institution on October 13, 2016.

[Criminal facts]

1. On November 2016, 2016, the Defendant: (a) committed early 02:00 on November 1, 2016, at the “E” operated by the victim D, the victim D, located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) taken the key of the “E” at the entrance key storage place of the “E”, which was known to the victim at the time of working as an employee from the “F” located in the preceding place; and (c) opened the entrance of the said “E” and intrudes the said key into the door, thereby taking the amount equivalent to 50,000 won in cash owned by the victim, which was located in the gold tradition.

In other words, they stolen them.

2. Around November 14, 2016, the Defendant committed a crime by intrusion upon the instant “E” around November 14, 2016, in the same manner as the instant 1. Paragraph (1) and the amount equivalent to 80,000 won in cash owned by the victim, which was contained in the gold tradition.

In other words, they stolen them.

3. On November 18, 2016, the Defendant: (a) intruded into the instant “E” around November 18, 2016 by the method identical to the foregoing 1. Paragraph 1; and (b) intruded into the said store in a manner identical to the said paragraph; and (c) deducted KRW 21,100 in cash owned by the victim in a gold tradition.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D or G preparation;

1. Records of seizure, list of seized articles, photographs of seized articles, site photographs, and CCTV photographs and field photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (period of repeated crime, previous convictions and confirmation) Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 [the scope of recommending punishment] in accordance with the sentencing guidelines, the aggravated area (one year to six years) (one year to four years) in general property.