야간건조물침입절도등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[Criminal Records] The Defendant is a person who was sentenced to a suspended sentence of four months for a violation of the Electronic Financial Transactions Act at the Jeonju District Court on September 18, 2017 and was sentenced to a suspended sentence of one year on the 26th of the same month, which became final and conclusive, and is currently under suspended sentence
[2] On March 20, 2018, around 02:40, the Defendant opened an outside cafeteria which was not corrected at the pre-North C market, and intruded into the said shopping mall, and opened a 20,000 g rice with a market price of 50,000 won at the F shop operated by the victim E, from that time until April 18, 2018, the Defendant stolen food and raw materials worth KRW 758,000 in total, or 15 times in total, as indicated in the attached list of crimes, from that time by April 18, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against E, G, H, I, J, K, L, M, and N;
1. Protocols of seizure;
1. Investigation report (as to the extraction of CCTV images, such as a market, etc.), investigation report (as to the confirmation of the entry of intrusions), investigation report (as to the attachment of photographs showing a stolen object and photographing a quasi-place), investigation report ( as to the failure to prepare a statement by the P victim), and investigation report;
1. Previous conviction: Application of a written inquiry about criminal history, investigation report (Attachment to a judgment) and Acts and subordinate statutes;
1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes of subparagraphs 1 through 3 [the scope of recommending punishment] 4 types of theft against general property (accidentd larceny) (4 months to 1 year and 6 months) (special mitigated persons) / Where a living-type crime, or an indoor residential space intrudes into places other than indoor residential spaces (type 4);
(b) The scope of final sentence due to the aggravation of multiple offenses: April to February; and
2. The decision of sentence is in a situation where the defendant repents his wrong and reflects his depth, and is economically lacking.