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(영문) 광주지방법원 순천지원 2016.08.17 2016고단1261
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On June 19, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Gwangju District Court’s Macheon Branch on April 23, 2015, and completed the execution of the sentence.

[2] On June 30, 2016, the Defendant: (a) opened a door that was not set up in front of the “E” operated by the victim D at the time of crediting around 21:10 on June 30, 2016; (b) opened the door; and (c) opened the door to the door, and opened the door in which the cash amount of KRW 200,000,000 owned by the victim located in the head of the relevant region was stored in the plastic s

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

A defendant's legal statement D's photographic photo, CCTV video CDs' previous records: Application of the Act and subordinate statutes, such as a reply to inquiry, personal acceptance status, and judgment

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

2. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigated area of category 4 (Special Reduction or Aggravation) (Special Reduction or Aggravation) for general property (Special : 1.6) [In the event that the defendant intrudes into a place other than indoor residential space / (a decision on the sentence] of the same repeated crime (a decision on the punishment) which is not a special case (a decision on the punishment) / The defendant was punished nine times for the larceny, including two times a sentence; (b) the defendant was punished nine times for the larceny; (c) he was sentenced to a fine of eight million won for the larceny due to the completion of the punishment by larceny, etc.; and (d) he was committed the larceny by breaking another person’s structure for three months after being sentenced to a fine of eight million won for the repeated crime; and (d) he was sentenced to the punishment

However, the punishment shall be determined in consideration of the fact that the defendant commits a mistake, the amount of damage is not significant, the background of the crime, the age, sexual conduct, environment, etc. of the defendant, together with the sentencing conditions.

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