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(영문) 인천지방법원 부천지원 2018.04.13 2018고단362
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 28, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (drinking driving) in the Incheon District Court’s Vice-Support on August 28, 2015, and completed the execution of the sentence in the Incheon Juvenile Prison on December 25, 2015.

[2018 Godan 362] On June 24, 2017, the Defendant: (a) opened the above main points and intruded on the main part of the “E” operated by the victim D in Seocheon-si, Seocheon-si; and (b) carried out a female room containing 100,000 won in cash owned by the victim D.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

[2018 Highest 522] On January 8, 2018, at the entrance of the middle patient room of G Hospital in Seocheon-si, Macheon-si, the Defendant stolen the Defendant’s card, a new card, a driver’s license, and a cash 200,000 won in the market price, which includes the national card, a new card, a driver’s license, and a half of the market price of 50,000 won.

Summary of Evidence

1. Previous conviction in judgment: A criminal investigation report (verification during the period of repeated crime), status of confinement, sentence of judgment, and result of inquiry (as a result of the inquiry, 2018 ancient Order 362 cases) (as a result of the investigation report, 2018 ancient Order 362);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of a CCTV course (2018 highest 522);

1. Statement by the defendant in court;

1. A written statement concerning H;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (Occupancys of larceny at night) and 329 (Section 329) of the Criminal Act selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The circumstances that are favorable to the defendant for sentencing under Article 35 of the Aggravation of Aggravation of Cumulative Offense Act (the defendant recognized each of the crimes in this case, is divided, there is no record of punishment for the same kind of crime, and the amount of damage falls under a relatively small amount), and circumstances unfavorable to him (the defendant has a record of being punished for multiple criminal crimes, especially during the period of repeated crime.

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