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(영문) 인천지방법원 부천지원 2019.08.22 2018고단3586

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 18, 2018, the Defendant, around 05:30 on October 18, 2018, opened a tape attached to the teared part of the warehouse entrance door "B B" in Bupyeong-si, Bucheon-si, B" in front of 18:30 on October 18, 2018, and cut off a 21 disease, which is worth 84,000 won at the market price kept by the victim D in the cresh, after intrusion into the cresh.

2. Around October 29, 2018, the Defendant committed the crime: around 05:40 on October 29, 2018, at the place specified in the above paragraph (1) and in the same manner as the statement, stolen the victim D’s 4 soldiers worth KRW 16,000 at the market price.

3. On November 7, 2018, around November 7, 2018, the Defendant committed the crime, at the place indicated in the above paragraph (1) around November 7, 2018, attempted to steal the subject of the lawsuit kept by the victim D, but failed to discover the subject of the lawsuit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (verification during sunrise);

1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

1. Of concurrent offenders, the Defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes the crime, but there is no reflection on the attitude in the court.

Although the amount of damage is not significant, there is no recovery of damage.

It seems that there is a possibility of repeating a crime repeatedly at the same place of crime.

Although it has long been a theft crime, it has been sentenced to two times of punishment, and has recently been punished by a fine by the same kind of law.

The defendant continued to stay in the trial of a person with no fixed residence, and was detained, and the trial was proceeded.