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(영문) 서울서부지방법원 2018.07.20 2018고단1697
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

【The Defendant was issued a juvenile protective disposition by larceny, etc. at the Seoul Central District Court on October 22, 1997; on July 29, 1998, the Defendant was sentenced to a juvenile protective disposition by larceny, etc. at the Seoul Western District Court on May 23, 2002; on June 5, 2003, the Defendant was sentenced to imprisonment with prison labor for night residence intrusion larceny, etc. at the Seoul Central District Court on June 18, 2009; on September 18, 2009, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on December 7, 2012, and was sentenced to imprisonment with prison labor at the Seoul Western District Court on May 23, 2002 at the Seoul Western District Court on June 16, 2017.

【Criminal facts” around March 3, 2018, the Defendant intruded on a restaurant and stolen cash in order to raise living expenses after leaving the restaurant, and cut off cash of KRW 1790,000 in total eight times in total from April 9, 2018 to May 16, 2018 between the Defendant and the Defendant: (a) opened a restaurant in front of the “F” restaurant operated by the victim E in Seodaemun-gu Seoul on May 3, 2018; and (b) intruded into the cafeteria, and then stolen cash of KRW 500,000 from April 9, 2018 to May 16, 2018.

Accordingly, the defendant habitually invadedd a structure at night, thereby thefting the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, C, I, J, K, and L;

1. Each investigation report and each field photograph;

1. Previous convictions in the judgment: (A) a reply to inquiry, a report on investigation (Attachment of such previous decisions, etc.), a list of related cases, five copies of the judgment, two copies of the inquiry of the case, two inquiry of the case, one investigation report (verification of the date of release from the court), and one personal confinement status;

1. Judgment.

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