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(영문) 대구지방법원 김천지원 2019.06.21 2019고단422

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 19, 2016, the Defendant was sentenced to the suspension of indictment for larceny from the Ulsan District Prosecutors' Office to the punishment of larceny, and on July 9, 2018, the Defendant received a summary order of KRW 3 million from the Changwon District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's order of larceny, etc. On November 13, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for night building intrusion, larceny, etc. and three years of suspension of execution, which became final and conclusive on November 21, 201

On April 16, 2019, at around 01:17, the Defendant: (a) intruded into “D restaurant” operated by the victim C in Kimcheon-si, Kimcheon-si, with a cash of KRW 300,000,000 from the bottom of the calculation unit, and stolen it; (b) from March 5, 2019 to April 19, 2019, the Defendant stolen property worth KRW 1,35,000 in total eight times, as indicated in the list of crimes, and attempted to steals property over a total of two occasions.

Accordingly, the defendant habitually invadedd a structure at night, thereby thefting the victims' property.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each photograph, each on-site photograph;

1. Records before judgment: Criminal history records, etc. inquiry report, judgment, summary order, non-prosecution decision;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Grounds for sentencing prescribed in Articles 332, 330, 329, and 342 of the Criminal Act, inclusive, with respect to the relevant criminal facts;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] - Where a person has intruded into places, other than living or indoor residential spaces - Where a person has committed an aggravated act: In cases of habitual crimes (the scope of recommendations and recommendations), the area of mitigation [the scope of recommendations and recommendations], and the area of imprisonment for up to eight months and six months [the general person];

3. Determination of sentence;