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(영문) 청주지방법원 2018.07.05 2018고단1105

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

1. On November 26, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for night-time structure intrusion, larceny, etc. at the Daejeon District Court, and on September 28, 2016, the Defendant completed the execution of the sentence in a public prison.

2. Criminal facts;

A. On May 1, 2018, at around 03:35, the Defendant: (a) opened the instant restaurant, which was operated by the victim D, who was located in the public restaurant in the public restaurant in the public hall in the public hall in the public hall in the public hall in the public hall in the public hall in the public hall; (b) opened the main window in the public hall in which no correction has been made between the leavings after completing the business; and (c) intruded into the restaurant into the restaurant, and stolen it by holding a simple safe of the city with approximately 10,000 won

B. On May 1, 2018, at around 04:30, the Defendant: (a) opened the instant restaurant that was operated by the injured party G in Heak-gu, Cheongju-si, and opened the said restaurant and intruded into the restaurant with no correction among the leavings; (b) opened a simple safe in the said place; and (c) stolen 50,000 won in cash owned by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. On-site reports on the results of field identification, on-site photographs (Ecafeterias), on-site identification reports, on-site photographs (H cafeterias), and on-site investigation reports (on-site inspection on May 1, 2018);

1. Explanation of each photograph;

1. Previous convictions: Application of a written inquiry about criminal history, investigation report (Attachment to repeated crimes, etc.), text of judgment, and current status of personal confinement;

1. Article 330 of the Criminal Act and the choice of punishment for the crime;

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

1. Each crime is committed without being aware of, as stated in its reasoning, even though the period of repeated crimes for the same kind of crime is one of the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes. Criminal records of the same type of punishment are five times or more. Recognizing misunderstanding and reflecting misunderstanding. The amount of damage is less than the amount of damage.