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(영문) 춘천지방법원 2020.08.13 2020고단334
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On October 19, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Chuncheon District Court on October 22, 2018, which became final and conclusive on January 24, 2019 and completed the enforcement of the sentence.

【Criminal Facts】

On December 29, 2019, at around 02:00, the Defendant stolen the cash amounting to KRW 350,000, which was owned by the victim and was in custody in the Kabter credit cooperative by intrusioning by the kitchen window in D’s operation of the victim C located in Chuncheon-si B through the kitchen window.

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

Summary of Evidence

1. Defendant's legal statement;

1. Confirmation of identity of fingerprinted cases of larceny in C’s written statements;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification during the repeated period);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief [No. 4] Intrusion upon general property [special stief] : In cases of intrusion larceny (special stief]: In cases of intrusion upon places, other than living types of crime and indoor residential space: Aggravation factors: The area of mitigation of the same repeated crime (the scope of recommending area and recommending punishment) that does not fall under the aggravation of specific crimes; imprisonment with prison labor for up to August 1 and June;

3. Determination of sentence: Six months of imprisonment (a sentence shall be imposed after escaping from the sentencing criteria, in consideration of the fact that the defendant is not significantly damaged, that the defendant seriously reflects his/her ability, and that he/she is receiving mental treatment due to disorder in adaptation);

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