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(영문) 수원지방법원 안양지원 2015.11.19 2015고단1477
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 9, 200, the Defendant was sentenced to imprisonment with prison labor for larceny, 10 months at the Suwon District Court, 8 months from the Gwangju District Court’s net support on June 16, 2004 to the punishment of larceny, etc. on January 12, 2006 to the punishment of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Sejong District Court’s Pyeongtaek District Court’s Pyeongtaek District Court’s Pyeongtaek District Court’s Eunpyeong District Court’s site, etc. on September 28, 2010 to the punishment of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).

In addition, on April 5, 2013, the Defendant was sentenced to two years of imprisonment on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court, and completed the execution of the sentence on January 30, 2015.

On September 27, 2015, at around 01:00, the Defendant came to “E” restaurant for the victim D’s operation in Mapo City, Mapo-si, Si, Gunpo-si, and opened a cresh without any cresh and entered the crepit through toilets, and the Defendant kept 150,000 won in cash owned by the victim in the safe in the wall.

Accordingly, the defendant habitually intruded a structure at night, and stolen one cash 1,50,000 won and one wall owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. A report on occurrence of a crime and a report on investigation;

1. On-site CCTV photographs;

1. Seizure records;

1. Previous convictions: Criminal records, investigation reports, and information pertaining to release from a court;

1. Habitualness of judgment: Application of Acts and subordinate statutes to acknowledge the habition of the instant crime in light of the fact that the Defendant had committed the same kind of crime as the Defendant’s criminal facts, and the execution of imprisonment with prison labor and imprisonment for a long time has not yet passed;

1. Articles 332 and 330 of the Criminal Act applicable to the crimes;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the defendant commits the instant crime, which is beyond imprisonment with prison labor, during the period of repeated crimes.

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