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(영문) 서울중앙지방법원 2019.07.08 2019고단3046

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On November 9, 2017, the Defendant was sentenced to 10 months of imprisonment for fraud in the Incheon District Court's Vice Branch Branch, and completed the execution of the sentence in the Ansan prison on July 10, 2018.

On May 10, 2019, while the Defendant was sleeped in the stairs of the building located in Gangnam-gu Seoul, Seoul around May 10, 2019, the Defendant visited the victim C’s second floor of the same building to the “D” escape screen operated by the victim C on the second floor of the same building in order to put the toilet into the toilet, and had the Defendant intruded into the above door, thereby having stolen money

At around 23:13 on the same day, the Defendant opened a back of the said ‘D' escape screen, which was terminated, and intruded into the vicinity of the camera, and taken out KRW 162,350 in cash owned by the victim, which was located in the receipt box.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of each seized article;

1. Statement of the victim's written statement;

1. On-site photographs, investigation reports (verification of CCTV images at the site);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports (A), investigation reports (verification of criminal suspects' repeated crimes and records of the same kind), judgment, etc.;

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: One month to twenty years of imprisonment;

2. The scope of recommending punishment 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 intrudes into places, other than his/her living or indoor residential space, an aggravated element: The area of mitigation of punishment [the scope of recommending and recommending punishment] for the same repeated crime (the area of recommendation and recommending punishment] that does not fall under the aggravation of specific crimes; imprisonment for August through June;

3. Determination of sentence: A sentence imposed on the defendant for a period of ten months is that he/she has the same criminal records, that is, the period of repeated crimes of the same kind at present, and that he/she has not received the written application from the victim;

However, the defendant's mistake is divided, and the amount of damage is.