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(영문) 수원지방법원 안산지원 2020.01.30 2019고단4605
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 2, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. in the Suwon District Court’s Ansan Branch on May 2, 2019, and the execution of the sentence was completed at the Suwon Detention Center on July 8, 2019.

【Criminal Facts】

1. On October 6, 2019, the Defendant: (a) around 02:29, the Defendant: (b) opened the entrance door of the first floor victim C of the 1st floor of the 1st floor of the building, Ansan-si, Ansan-si, Ansan-si, Ansan-si; (c) went into the door and intruded; and (d) stolen 50,000 won in cash owned by the victim within the said credit cooperative.

2. On October 9, 2019, at the same place as the preceding paragraph, at around 02:48, the Defendant: (a) opened and intruded the automatic opening door by the said method; and (b) stolen 3,000 won in cash owned by the victim in the said saving depository.

3. On October 14, 2019, around 01:58, the Defendant: (a) opened and intruded the entrance to the first floor of the building E in Ansan-si, Ansan-si, and the G cafeteria of the operation of the victim F, and then opened the entrance without locking the door; (b) opened a credit cooperative in the above household accounting unit, and then stolen the money owned by the victim, with KRW 700,000,000,000,000 in cash.

Accordingly, the defendant had invadedd the victims' structures at night on three occasions, and stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and C;

1. Scephish photographs from each CCTV;

1. Before holding: Criminal history records, inquiry reports, investigation reports (Attachment to judgments, etc. of the same kind of suspect), and application of Acts and subordinate statutes to investigation reports (verification of repeated crimes of suspect);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, even though the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has served as the defendant for the reasons for sentencing, five times a fine for the same kind of crime, such as theft, etc. since 2017, and one time a penalty for imprisonment (six months of imprisonment) has served as the same offense, the fact that the defendant again commits the crime of this case during the period of repeated crimes, while the fact that

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