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(영문) 인천지방법원 부천지원 2016.12.09 2016고단2824

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

[Criminal Power] On December 8, 2011, the Defendant was sentenced to four years of imprisonment for rape and bodily injury at the Suwon District Court, and the Defendant completed the execution of the sentence on August 30, 2015.

【Criminal Facts】

1. On October 22, 2016, the Defendant discovered that, at around 00:22 on October 22, 2016, the cash storage was carried out below the upper half of the upper half of the upper half of the upper half of the e, operated by the victim D, who ordered and waited to do so by the victim D, and that, upon entering the inner part, the victim intruded into the inner part and stored the said part so as to keep the said part in cash, the Defendant stolen KRW 120,000 in cash owned by the victim.

2. On October 22, 2016, the Defendant: (a) at the place indicated in paragraph (1) around October 22, 2016; (b) at the place where the victim had come to know of the place where the victim kept cash, as seen above, stolen the cash that the victim had known of the place where the victim had kept cash, and intruded into the gap where the victim’s surveillance was neglected, and then cut off the cash that the victim’s possession of 125,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Written statements of D;

1. CCTV image data for the first crime scene;

1. CCTV image data for the second crime scene;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of suspect's information), results of the search of prisoners, and application of Acts and subordinate statutes to report criminal investigations;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The mitigated area ( August to January 16) (special mitigation area) of various types of larceny for general property (the scope of recommending punishment) (the mitigated area) (the mitigated area shall be eight to one year and six months) shall not be punished;

2. The defendant who has been sentenced to punishment twice commits larceny against the same victim, has been punished twice due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and has committed the instant crime during the period of repeated crimes.