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(영문) 서울서부지방법원 2019.10.23 2019고단3093
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny at the Seoul Central District Court on January 14, 2019 and completed the execution of the sentence.

【Criminal Facts】

At around 20:40 on May 1, 2019, the Defendant opened an open gate of the building in Q and the first floor of Eunpyeong-gu Seoul, Q and the first floor, and opened the entrance door of the building in which the victim resides and intrudes upon the building, and 1.39 million won in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim of the R;

1. Investigation report (to hear statements from victims and report thereon);

1. A report on the results of field identification;

1. On-site photographs of the place of occurrence;

1. A report on internal investigation (the detection of CCTV in the location of occurrence and suspect), CCTV photographs, internal investigation reports (the tracking of moving routes before and after a suspect's crime), CCTV photographs in the form of the suspect immediately before the crime, CCTV photographs in the form of the suspect's moving route, CCTV photographs in the form of the suspect's moving route before the crime, CCTV photographs in the moving routes after the suspect committed the crime, and CCTV photographs in the form of CCTV taken in the taxi after the suspect committed the crime;

1. Previous convictions indicated in the judgment: Results of the inspection of prisoners, criminal records, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

1. Article 330 of the Criminal Act applicable to the crime;

1. In favor of the defendant's reasons for sentencing under Article 35 of the Criminal Act among repeated crimes, there was a record of being punished several times for the same crime, and the crime of this case was committed within the repeated crime period of the same kind. Considering the fact that the defendant was sentenced to imprisonment with prison labor for the same kind of crime in the court of first instance and is currently under trial at the appellate court, the defendant's age, character, character, environment, health conditions, circumstances leading to the crime, means, and results, etc., the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, environment, health conditions

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