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(영문) 광주지방법원 2017.06.02 2017고단913

야간주거침입절도

Text

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

Reasons

Punishment of the crime

[Criminal record] On February 15, 2013, the Defendant was sentenced to two years of imprisonment by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence in the Ansan Prison on December 30, 2014.

[2] The Defendant, while delivering a flat door-type door to Gwangju Dong-gu G room, was aware of the door door number of the G room room. The Defendant considered that the price of MTB bicycle 1 was set up on the side of the first floor stairs inside the above G building entrance, and then stolen it.

On January 12, 2017, at around 03:13, the Defendant: (a) opened the entrance door password of the above “G building; (b) opened the door door; and (c) prepared one set of MTB bicycle 1, the market price owned by the said victim, which is equivalent to KRW 700,00,000, installed by the victim H with a locking device, cut the locking device using a cutting device; and (d) cut it.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A damaged product photograph;

1. A report on investigation (a CCTV tracking investigation installed around the scene of occurrence);

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), reports on investigation (Attachment of latest same military records, etc.), and application of Acts and subordinate statutes on personal confinement;

1. Article 330 of the Criminal Act concerning the crime;

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

1. The scope of applicable sentences [the scope of recommended punishment] the scope of statutory applicable sentences [the scope of punishment] for general property, and the mitigated area (eight months to one year and six months) [special mitigated persons/special aggravated persons] intrudes into places other than indoor residential space (four types), and identical repeated crimes not subject to the aggravation of punishment/specific crimes (aggravating repeated crimes);

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable condition: The defendant shall be led to confession and voluntarily.