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(영문) 부산지방법원 2018.10.30 2018고단3882
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 30, 2015, the defendant was sentenced to a suspended sentence of two years for a year, for larceny at night in Busan District Court due to habitual intrusion.

5. 8. The same year, the judgment of which became final and conclusive, and one year has been sentenced to imprisonment with prison labor for habitual night structure intrusion larceny at the Busan District Court on January 11, 2017, and the same shall apply.

6. 20. The judgment became final and conclusive and conclusive, and the parole period was expired on April 30, 2018, when the execution of each of the above sentence was paroled in the original prison.

On August 17, 2018, the Defendant: (a) around the night, after sunset, destroyed the victim C’s food store managed by the victim C in Busan Jung-gu, Busan; (b) opened a 3-story window, which was not corrected; and (c) took 45,000 won in cash, the victim’s possession, which was in custody at the Kabter’s safe located in the said building; and (d) stolen or attempted to steal the property by impairing the building managed by the victims at night on a total of four occasions from August 23, 2018, as indicated in the list of crimes, from that time until August 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, E, and F;

1. Police seizure records and list of seizure;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (inform report attached to the judgment, etc.);

1. Relevant Article 330 of the Criminal Act (a thief in case of intrusion on buildings at night), Articles 342 and 330 of the Criminal Act (a thief in case of intrusion on buildings at night) concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. In the case of intrusion upon buildings at night within the scope of the recommended punishment according to the sentencing guidelines, crimes No. 1 [the scope of the recommended punishment] of larceny against general property (the scope of the punishment] of types No. 4 (In the case of Special Reduction (A. Aggravation) [Article 4] of the mitigated area (the scope of the punishment) / In the case of intrusion upon places other than indoor residential space, crimes No. 2 of the same repeated crime (the scope of the punishment recommended] that do not fall under the aggravation of specific crimes (a.e., repeated crime).

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