야간주거침입절도
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On December 24, 2010, the Defendant was sentenced to three years of imprisonment and a fine of 150,000 won by the Seoul Northern District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Gwangju Prison on September 11, 2013.
Criminal facts
At around 00:30 on September 19, 2015, the Defendant discovered that the window of the above office was opened in front of the D office located in Yongsan-gu Seoul Metropolitan Government, and found that the Defendant intruded into the office through the window, and held 151,00 won in cash owned by the victim E, and 6 USB in total amounting to 350,000 won in the market price, 1, 16G, 1, 1, 1, 1,2, 2, 2, 2, 13, 1, 1, 2, 2, 2, 1, 2, 1, 2, 2, 2, 200 gift boxes and 2,20 gift boxes and 2,20.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. On-site photographs and damaged photographs;
1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes (a copy of the same type of judgment of a suspect and current status of confinement);
1. Article 330 of the Criminal Act applicable to the crime;
1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : (a) the mitigation area (8 to 1 year and 6 months) of the mitigation area (special mitigation) for general property; (b) the case where a person intrudes into a place other than an indoor residential space (type 4) / The defendant has the record of having been sentenced several times of punishment for the same kind; and (c) the defendant was a repeated offender at the time of committing the instant crime, taking into account the fact that he was a repeated offender at the time of committing the instant crime, it is inevitable to pronounce a sentence.
Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the damaged goods have been fully returned to the victim, the fact that the defendant led to the crime and reflects, etc.