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(영문) 수원지방법원 안산지원 2019.08.21 2018고단2524
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 16, 2016, the Defendant was sentenced to six months of imprisonment for night building intrusion theft in the Suwon District Court's Ansan Branch, and completed the execution of the above punishment on January 31, 2017.

At around 03:20 on July 5, 2018, the Defendant: (a) removed a part of the connection part of the lower part of the tent installed therein as his hand from the Daza operated by the victim C in Ansan-gu, Ansan-si, Ansan-si; (b) removed the part of the connection among the lower part of the tent installed therein; and (c) invaded into the Schlage through the space generated therefrom, and stolen it with the products worth KRW 135,000, total market value of the victim’s life trees, fruits, etc., which were displayed there.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. On-site photographs, records of the case-related photographs, seized objects photographs;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (Attachment of a copy of a judgment of the same kind of power and confirmation of repeated crimes);

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 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;

2. Determination of sentence: Determination of sentence as ordered, in consideration of the overall circumstances, such as the fact that damage is very insignificant and partial damage is returned, motive of crime, health status of defendants, etc.;

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