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(영문) 부산지방법원동부지원 2020.09.23 2020고단73

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2018, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. in the territorial branch of the Chuncheon District Court on September 12, 2018, and completed the execution of the sentence on July 1, 2019.

On December 22, 2019, the Defendant: (a) around 22:00, at the front of a free meal service building managed by the victim C located in Busan-gun, Busan-gun; (b) opened a string of the building by breaking up the entrance of the building, which is corrected by hand, and intrudes into the inside of the building; and (c) cut off one rice boom (10kg) with a total of 19,200 won at the market price of 28,00 won at the same time; and (d) cut off one total of 48,00 won at the market price of 48,000 won at the market price.

Accordingly, the Defendant stolen the property equivalent to the total market value of 95,200 won managed by the victim at night after intrusion on the victim's structure at night.

On December 20, 2019, the Defendant 2020 Godan239, on December 20, 2019, infringed on the victim E's house located in Busan District, and examined the inside of the container used as a warehouse. However, the Defendant carried out a tending of the market price, which is the victim's market that was displayed on the knife of the container entrance, in order to steals food around 21:48.

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

Summary of Evidence

1. Previous records of judgment: Criminal history records, inquiry reports, and investigation reports (verification of repeated records);

1. The protocol of seizure of police officers with regard to the statement of the defendant C at the court room of the defendant: "20 senior 73";

1. Application of CCTV Acts and subordinate statutes to the defendant's written statement E to the scene of crime;

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

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

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

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and