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(영문) 광주지방법원 순천지원 2020.04.01 2019고단1654
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

[Criminal Power] On April 9, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Support of the Gwangju District Court. On November 7, 2012, the Defendant was sentenced to two years of imprisonment for the same crime in the Support of the Gwangju District Court. On January 12, 2017, the Defendant was sentenced to four years of imprisonment for habitual larceny, etc. in the Support of the Gwangju District Court, and completed the execution of the sentence on November 19, 2018.

[2019 Highest 1654] On June 4, 2019, the Defendant, at around 04:30 on June 4, 2019, went in front of the D cafeteria operated by the victim C, which was operated by the Defendant, and intruded into the said cafeteria through the main window that was not locked behind the said cafeteria, and stolen the cash amounting to 70,000 won owned by the victim at the safe of the said cafeteria.

[200 high group 302] On December 30, 2019, the Defendant: (a) opened a rear window and intruded into the G store operated by the Victim F in Ma at Net City at 203:43, Dec. 30, 2019; and (b) cut off the property worth KRW 1,559,90,00 in total by intrusioning another’s building at night on nine occasions, including a simple safe of KRW 29,90,00 in cash, which is owned by the victim, from December 30, 2019 to February 8, 202.

As such, the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to theft, etc., stolen property by intrusioning another’s structure at night during the period of repeated crime.

Summary of Evidence

[2019 Highest 1654]

1. Statement of the accused in the first protocol of trial;

1. C’s statement;

1. A report on internal investigation (field and CCTV investigation), a report on internal investigation (CCTV tracking investigation), and a report on investigation (Analysis of additional CCTV image data);

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each statement of F, J, K, L, M, N, andO;

1. Each on-site inspection report, internal investigation report (on-site CCTV verification), CCTV verification report (on-site CCTV verification), investigation report (on-site CCTV verification) (on-site CCTV verification and escape photographs), and fingerprinting case;

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