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(영문) 대전지방법원 2016.04.11 2016고단378
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On October 15, 2015, the Defendant was sentenced to four months in prison at the Cheongju District Court to larceny a structure intrusiond by night at night and completed the execution of the sentence on December 20, 2015.

[Criminal facts]

1. On February 1, 2016, at around 01:09, the Defendant got into a warehouse for the operation of the Victim D in Sejong-Class C, and went into a tent cresh in which the said warehouse is sealed, and then went into a tent cresh in which the market price is 17,500 won at that place, and stolen with 7 cans equivalent to 17,500 won at that place.

2. On February 2, 2016, at around 06:15, the Defendant intruded into the said E warehouse in the same manner as Paragraph 1 of the same Article, and cut off and stolen two strings of the head of the Ri, which are located in the said warehouse, with 56,000 won at the market price.

3. On February 5, 2016, the Defendant intruded into the above E warehouse in the same manner as Paragraph 1, and then colored stolen objects, but failed to search appropriate objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. An investigation report (Attachment, such as a photograph of a CCTV to commit a crime), an investigation report (Attachment to a day from sunrise to sunrise for committing a crime);

1. Previous records of judgment: Inquiry into criminal records, investigation reports (report on binding of criminal records of the same kind of crime as the suspect), application of Acts and subordinate statutes;

1. Relevant Articles 330 and 330 of the Criminal Act concerning the facts constituting an offense (the fact of larceny at night, the fact of larceny by intrusion upon residence, the choice of imprisonment), 342 and 330 of the Criminal Act (the fact of attempted larceny by intrusion upon residence at night, and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime: [Limits of the recommended punishment] thief for general property, in the event that the area of special mitigation (4 months to one year and six months) (special mitigation) (person subject to special mitigation) intrudes into any place other than a living type, an indoor residential space, and any repeated crime of the same kind that does not fall under the category of punishment / special punishment

(b) Second offence: [The scope of recommendations] theft against general property.

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