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(영문) 의정부지방법원 2017.07.13 2017고단2149
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 3, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual night structure theft at the District Court on August 3, 2016 and completed the execution of the sentence on February 9, 2017.

At around 03:00 on April 28, 2017, the Defendant: (a) opened the shielded network of the side windows of the entrance, opened the window, opened the door by inserting a hand in the narrow cresh of open windows; (b) intruded the entrance rectification device inside the window; and (c) stolen the Defendant’s total sum of KRW 100 foot and KRW 47,000 in the same tradition of the kitchen, which are in the same tradition of the kitchen, and KRW 500,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the results of field identification and on-site photographs;

1. Photographs photographs of CCTV images and data from CCTV photographs;

1. Previous records: Application of the latest same kind of court rulings, criminal records, and other inquiries, investigation reports (verification reports on the period of repeated crimes), and the current status of acceptance of each individual;

1. Article 330 of the Criminal Act concerning the crime;

1. The sentencing guidelines for the larceny crime of Article 35 of the Criminal Act [type determination] Sentencing for the sentencing of the aggravated repeated crime of Article 35 of the Criminal Act: the factors to mitigate the same type of repeated crime that does not correspond to the specific crime aggravated (special sentencing factors): the factors to mitigate the same type of repeated crime: the physical and mental weakness (no responsibility for this part-time) [the scope of the recommended punishment] basic area: 1 year - June 1 year - June 2 year - Defendant committed only two months after the completion of the execution of the punishment, but it reflects the mistake in depth, the amount of damage is minor to KRW 47,00,000, and the Defendant has a lack of intellectual ability at Grade 3 as a mental retardation, etc., by exceeding the lower limit of the sentencing guidelines.

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