beta
(영문) 광주지방법원 목포지원 2016.07.15 2016고단293

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal record] On December 24, 2010, the Defendant was issued with a summary order of KRW 1 million as a crime of embezzlement from possession at the Gwangju District Court, from the Suwon District Court on September 5, 2012 to a fine of KRW 3 million as a crime of larceny, and on December 24, 2013 at the Busan District Court on December 24, 2013 to a person who was issued a summary order of KRW 1 million as a crime of embezzlement from possession.

[ 범죄사실] 피고인은 상습으로 2015. 12. 6. 02:30 경 목포시 D 아파트 111 동 앞에 이르러 피해자 E 소유인 시가 180만 원 상당의 산악용 자전거( 첼로, 검정색) 1대를 절취할 목적으로 위 111동 1501호 앞 계단까지 들어가 건 조물에 침입한 다음 미리 준비해 간 절단기로 위 자전거의 시정장치를 절단한 후 가져 가 이를 절취하였다.

From that time to March 30, 2016, the Defendant, as shown in the list of crimes in the attached Form, invadedd another person's building 11 times in total, and stolen the bicycle 11 of the total amount of KRW 9.9 million from that time, which was habitually stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of E, H, C, I, J, K, L, and M;

1. Each protocol of seizure;

1. Door-to-door receipt;

1. Details of each note;

1. A criminal investigation report (related to the stolen bicycle seizure, etc.), a criminal investigation report (related to a suspect's text message and the details of entry and departure), a criminal investigation report (related to the details of the suspect's prior response), and a criminal investigation report (related to the frequency of crimes committed among the

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, and a report on investigation (A) (Attachment to the same criminal record and summary order of the suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Articles 332 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Articles 32(1) and 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is not clear).