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(영문) 광주지방법원순천지원 2020.09.01 2020고단1657
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On July 12, 2019, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. in the Gwangju District Court's netcheon Branch on July 12, 2019, and completed the execution of the sentence on June 1, 2020.

[200 Godan1657] On June 26, 2020, at around 01:50 on June 26, 2020, the Defendant opened an unlocked main window and intruded into it with cash amounting to KRW 2.50,000,000, which was in the C’s saving depository in the calculation unit. From that time, from that time until 03:41 of the same day, the Defendant brought about the total amount of KRW 830,000,000,000, which was owned by the victims, as shown in the list of crimes.

Accordingly, the defendant intruded upon each structure managed at night, and stolen other's property.

[208] On July 4, 2020, around 03:13, 2020, the Defendant: (a) opened and intruded into “F Kafbook” for the operation of the victim E, which is located in W, and opened a safe with no corrected windows, and did not correct it, and (b) stolen the cash 600,000 won owned by the victim and 30,000 won in cash attached to the safe.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of victim written by E;

1. Previous records of judgment: Application of Acts and subordinate statutes of Part IV, such as criminal history records, personal confinement status, investigation report (a repeated crime and report attached to the previous records and related judgments, etc.); and court rulings;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant was sentenced to one year of imprisonment with prison labor due to night, structure intrusion, theft, etc., and only one month after being released from prison, and committed the crime of this case repeatedly.

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