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(영문) 부산지방법원 2017.05.17 2016고단7639

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On September 4, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Busan District Court, and completed the execution of the sentence on November 8, 2014.

[2] On November 7, 2016, around 04:40 on November 7, 2016, the Defendant: (a) infringed the victim’s “D” main text of the Victim C’s operation located in Busan Jin-gu, Busan; (b) upon the Defendant’s intrusion inside the main text of the said main text, which was not corrected, the Defendant stolen the Defendant’s total amount of KRW 27,200,00, including 6 C, 6, 6, 6, 6, 6, 6, 4, 4, 4, 4, 1, 1, and 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on investigation, and a copy of a photograph of damaged articles; and

1. Previous convictions: Application of Acts and subordinate statutes to the inquiry call, such as criminal history, (A), investigation report (fact that the period of repeated crime is in progress), two copies of the judgment, and current status of personal confinement;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act for general property [Article 35] In the event that the area of mitigation (Article 4 (Special Reduction or Exemption) (Article 8-1-6) [Special Mitigation)] of the mitigated area of crime (Article 4 (Special Reduction or Exemption), and intrusion upon any place other than indoor residential space (Article 4) / In the event that the defendant commits the same crime, not only nine times, but also the defendant commits the same crime during the period of the repeated crime, and the risk of repeating the crime is high in light of the defendant's history of the crime and the method of the crime, etc.

I would like to say.

However, there is an attitude to recognize and reflect on the crime, and the total value of the stolen goods is limited to 27,200 won, and all of them are recovered from the victim, the defendant's age, sex, environment, circumstances leading to the crime, means and methods, results, etc., the punishment shall be determined as ordered in consideration of the conditions of sentencing, such as the circumstances after the crime.