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(영문) 수원지방법원 여주지원 2020.02.07 2020고단2

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months in the night building intrusion larceny, and for 10 months in the Seoul Eastern District Court on June 26, 2015. On April 18, 2017, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny, or for larceny at night, and on November 3, 2017, sentenced to imprisonment with prison labor for 10 months in the leisure branch of the Suwon District Court. < Amended by Act No. 1487, Nov. 3, 2017>

On December 17, 2019, at around 05:23, the Defendant, in front of the “D” restaurant operated by the victim C in Ischeon-si B, Leecheon-si, infringed upon the cafeteria through the unrecepted window, and then stolen KRW 15,00 won of cash, 15,5,000 won of 8, and 220,000 won of 30,000 won of 15,000 won of cash, which is the victim’s ownership in the Kakter summary safe.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. C’s statement;

1. A written agreement;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes concerning personal confinement;

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

1. Article 35 of the Criminal Act provides that a repeated crime is a repeated crime for the same kind of crime with the sentencing reason, considering the unfavorable circumstances, such as the time limit and reflect, and the agreement with the victim.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character and conduct of the defendant, the number and degree of punishment for the same crime, shall be determined.