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Reasons
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(영문) 광주지방법원 2017.05.19 2017고단1359
상습야간건조물침입절도등
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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On August 31, 2001, the Defendant was sentenced to imprisonment with prison labor for one year and three months with prison labor for special larceny, etc. at the Daegu High Court on July 29, 2004, for two years, for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu High Court on July 12, 2006, for one year and six months, for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu High Court on January 22, 2009, for four years.

On December 2, 2016, at around 01:00, the Defendant intruded into the store, through the hole in the building, in E operated by the victim D in Gwangju Northern-gu, Gwangju, by one of the joints of the building. The Defendant: (a) went to and stolen the old electric wires 30 km up in the hrum; (b) habitually intruded the victim’s structure at night on five occasions from November 2, 2016 to March 15, 2017; (c) habitually intruded the victim’s structure at night; and (d) invaded the victim’s property at least six times in total on three occasions, including the theft of the crime list No. 4, 8, and 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant by the prosecution concerning the suspect interrogation protocol;

1. Statement made in the police statement protocol with D;

1. Each description of the F, G, and H;

1. Each entry into the records of seizure and the list of seizure;

1. On-site photographs and each image of each photograph;

1. A previous conviction: A statement in a written inquiry and reply;

1. Habituality of judgment: Application of Acts and subordinate statutes to recognition of each crime, based on the records of the crime, the number of crimes, the frequency of crimes, and the repeated facts of the crimes;

1. Relevant provisions of the Criminal Act and Articles 332, 330, 342 of the Criminal Act (a thief who habitually intrudes into structures at night), 332, 329 of the Criminal Act (a habitual larceny, choice of imprisonment), and 319 (1) of the Criminal Act (a violation of structures and choice of imprisonment) concerning criminal facts;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, and the circumstances and frequency of concurrent crimes.

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