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(영문) 서울중앙지방법원 2015.08.12 2015고단2171
상습야간건조물침입절도
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to three years of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 10, 201, and on October 17, 2014, in the third prison of North Korea, the Defendant had more than ten thief criminal records.

Around 01:50 on March 29, 2015, the Defendant habitually abused the cash amount of KRW 3,000,000, which was contained in the bank operated by the victim E, by taking advantage of the gaps in the entrance entrance entrance entrance gate, even after the completion of the business, at the first floor D underground in Seocho-gu Seoul Metropolitan Government, with the knowledge of the fact that the underground room has not been completely locked, and by taking advantage of the gaps in the entrance entrance gate even after the completion of the business.

In addition, the Defendant habitually stolen the cash amounting to KRW 41,00 in total six times from March 29, 2015 to April 6, 2015, as shown in the crime inundation list.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of G, E, H, I, J, K, and L;

1. The report on the result of mental appraisal;

1. A report on occurrence;

1. Each investigation report (Evidence records 10, 24 pages);

1. Previous records: Criminal records, investigation reports (Attachment of suspect A-related judgments), results of search of prisoners;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Articles 332 and 330 of the Criminal Act concerning facts constituting an offense (generally applicable Articles 332 and 330 of the Criminal Act to larceny buildings habitually at night);

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

1. The reason for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical illness is against the defendant, the frequency and degree of damage of the crime in this case, the defendant was in a state of mental and physical illness, the defendant is in a state of mental and physical disability, and the defendant is in the same kind of period

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