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(영문) 청주지방법원 2017.11.03 2017고단1774

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to four months of imprisonment for larceny at the Daejeon District Court on April 29, 2016 and completed the execution of the sentence in the Daejeon Prison on August 27, 2016.

1. On June 26, 2017, the Defendant: (a) intruded into an underground parking lot at the site of an apartment site located in Jincheon-gun, Jincheon-gun, Jincheon-gun, by using a lusent gap in expenses; and (b) stolen electric wires worth KRW 300 km ( approximately 380 km) owned by the victim D and kept on the floor at the site of the said construction site; and (c) stolen electric wires worth KRW 3 million at the market price owned by the victim D.

2. On July 4, 2017, around 01:56, the Defendant: (a) intruded into the underground parking lots of the above construction site; and (b) attempted to steal goods owned by the victim by the security guards from the wind, which was discovered to escape, while having electric wires owned by the victim D, during the said process.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. A photograph (0625 through 0626), CCTV on-site CCTV (06), 170626 site CCTV, E vehicle movement details (from 07.04 on June 26, 17 to 07.04), photographic (0704) of E vehicle movement details by cutting off CCTV on the spot, photograph of 170704 of vehicle movement details, and neighboring CCTV;

1. A report on internal investigation (three times a year), an investigation report (six times a year);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the previous judgment and attachment thereof and confirmation of the period of repeated crimes), text of judgment and the current status of acceptance of individuals;

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the Criminal Act (a person who attempts to larceny intrusion on a structure at night);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes include: (a) the Defendant had nine-time criminal records prior to the instant case; (b) the same criminal records have already been three times prior to the instant case; and (c) the Defendant again committed each of the instant crimes without being aware of it during the period of repeated offense with regard to the same crime; and (d) the Defendant’s confession and depth.