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(영문) 의정부지방법원 고양지원 2016.06.23 2016고단217
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 through 5 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On September 6, 2002, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court’s support. On July 10, 2008, the Seoul High Court was sentenced to three years and six months of imprisonment for special larceny, etc., and on November 28, 2012, the Daejeon District Court was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Daejeon District Court on May 30, 2015 and completed the execution of the sentence seven times more.

[Criminal facts] The Defendant, due to lack of living expenses, committed a theft of cash, etc. at night, with raising money.

At around 00:30 on January 19, 2016, the Defendant: (a) opened a entrance using the Raber prepared in advance, and intruded into the Taekwondo field; (b) cited three gift vouchers worth KRW 15,000 on the market price owned by the injured party in the west of the office at that place; (c) as indicated in the attached list of crimes, from December 18, 2015 to January 19, 2016, the Defendant opened the entrance by using the Raber and intruded into the 128,000 won in total, or did not commit an attempted act for four occasions.

Accordingly, the defendant habitually intruded the victim's structure at night, thereby cutting down the victim's property or cutting down the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each victim’s statement in the F, G, H, I, J, D, K, L, and M;

1. Seizure records;

1. Each previous record of the investigation reports:

1. Written inquiry about criminal history, etc.;

1. The application of Acts and subordinate statutes may be recognized in light of each investigation report, each criminal record of the same kind, the same or similarity of the method of committing a crime, the frequency of committing a crime, etc., which are habitually indicated in the current status of personal identification and expropriation;

1. Articles 332, 330, and 342 of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. Aggravation of repeated crimes;

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