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(영문) 수원지방법원 성남지원 2019.09.10 2019고단1638

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On January 7, 1993, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for six months in the Sungnam branch of the Suwon District Court on March 7, 2003.

【Criminal Facts】

On February 28, 2019, around 04:53, the Defendant: (a) opened a closed door and intruded inside a commercial building, which was not corrected; and (b) took and stolen the cash amount of KRW 700,000 and tobacco amounting to KRW 4,500,00 owned by the victim E, who was in the Kabro, from that point of view, brought about a theft; (c) from that point to June 21, 2019, the Defendant habitually intruded into the structures, such as the Kabro, commercial complex, etc. at night over ten times in total, with money and valuables equivalent to KRW 1,114,50,00 in total, or attempted money and valuables as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in F, G, H, I, J, E, and K;

1. A fingerprint appraisal statement;

1. CC-TV image (C. 31. L),CC-TV image (C. 20. 4. 20. Ma), Ma (5. 3)-TV image, CC-TV image, N(5. 3)-TV image, CC-TV image on the commission of the crime, CC-TV image on the commission of the crime, CC-TV image on the commission of the crime, CC-TV image on the commission of the crime, CC-TV (D), CC-TV image on the commission of the crime, CC-TV (N), CC-TV image on the commission of the crime, CC-TV (O), and dynamic CD;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of suspect's same records);

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, 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) for larceny [No. 4] for general property: In cases of larceny [Special Convict] for intrusion theft [Special Convict]: Where a crime of living or intrusion into a place other than indoor residential space is committed, an aggravated element: The recommended field for habitual crimes and the recommendation field for habitual crimes;