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(영문) 수원지방법원 안양지원 2020.07.24 2020고단315
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2018, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court on March 8, 2019 and completed the execution of the sentence in the Ansan Prison on March 8, 2019.

【Criminal Facts】

On October 1, 2019, around 05:11, the Defendant opened a string door, which was opened to clean theme at the Dawal shop operated by the victim C, and intruded into the said place of business, and two keys of 600,000 won at the market price of the victim, who was displayed at the place, are placed in the main machine.

Accordingly, the Defendant invadedd the structure managed by the victim at night, and stolen six keys to the victim's automobile.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site reports (CCTV Images) and investigation reports (suspects specific);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports ( repeated crimes and relation to cases under trial);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines: thief for the larceny of general property [Type 4] and intrusion theft [special salvists]: Where intrusion upon places, other than indoor residential space, [the scope of recommending area and recommending punishment] mitigated area, and 8 to 1 year and six months [general salvists] mitigated factors: mental health and physical disability (the suspension of arbitrary taking place).

3. The Defendant, who was sentenced to sentence, did not know even during the period of repeated crime, stolen the key to a motor vehicle by intrusion into the motor vehicle business office before sunrise.

However, there is a relatively minor attitude of intrusion as it is used to turn on a fire for cleaning and entered a place of business in which a door was opened, and it is caused by a stimulative disorder.

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