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(영문) 의정부지방법원 고양지원 2018.05.25 2018고단726
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

[Criminal Records] On January 28, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court on the same year.

5. 21. The execution of the sentence was completed in Daejeon Prison.

[2] On November 29, 2017, the Defendant intruded into the above beauty art room where the victim did not have a locking device by using gapss among toilets at the time of Goyang-gu, Seo-gu, Busan, Seo-gu, Busan, and 1.50,000 won in cash located in the head of the Dong-gu, and 200,000 won was cited by the Defendant.

As a result, the Defendant stolen property worth KRW 500,000,000, in total, seven times from the first day of November 2017 to March 16, 2018, including the theft of property by intrusion upon a structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, and J;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the results of confirmation of previous convictions of the person who has not been subject to disposition, attach the same criminal records and attachment of criminal suspects

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night)

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

1. Crimes No. 1 of the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending] Crimes of the same repeated crime not falling under the aggravated punishment for specific crimes [the scope of recommending punishment] Crimes of the mitigated area (the range of general larceny) (two months to October) of the mitigated area (the livelihood), (the person subject to special mitigation) of the mitigated area (the person subject to special mitigation) of general property / the aggravated punishment due to the aggravated punishment for identical repeated crimes (the aggravated punishment) which do not fall under the aggravated punishment for specific crimes (the scope of punishment / the aggravated punishment due to the aggravated punishment for multiple repeated crimes): From June 4 to May 4 [the sentence] of the same case, which again commits the same kind of crime during the period of larceny.

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