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(영문) 수원지방법원 2017.08.10 2017고단2873

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On November 27, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for night-time residential intrusion larceny at the Suwon Giwon, and completed the execution of the sentence in the Giju prison on May 25, 2014.

[2] On April 22, 2017, at around 00:25, the Defendant: (a) invadedd the above structure through the “E” maintenance industry for the victim’s D operation in Suwon-si, Suwon-si; (b) and then stolen it with approximately KRW 460,00,00 in total, including, but not limited to, the cost of approximately KRW 1.50,00 won at the market price owned by the victim; (c) Jack-si, etc. with approximately KRW 30,000,000 in the market price; and (d) approximately KRW 1.3,000,000 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records (voluntary submission) and photographs of seized articles;

1. CCTV extract photographs (influorites, shields, criminal scene, etc.), on-site photographs;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction in disposition and copy of the judgment, and the current status of personal expropriation;

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

1. The defense counsel regarding the defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act

The argument is asserted.

However, the evidence revealed that the defendant had weak ability to discern things or make decisions due to the above mental disorder.

Therefore, the defense counsel's assertion is rejected.

The reason for sentencing [Scope of Recommendation] In the event that a person intrudes into a place other than an indoor residential space (type 4), the scope of sentence compared with the recommended sentence for the same type of repeated crime that is not an aggravated specific crime (a person specially aggravated), which does not fall under the aggravated punishment for the specific crime: August to one year and six months (decision of sentencing) for general property, is a normal crime that is disadvantageous to the defendant.