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(영문) 서울서부지방법원 2016.04.01 2016고단121
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On October 22, 1997, the Defendant was subject to juvenile protective disposition by larceny, etc. at the Seoul Central District Court on July 29, 1998; the Defendant was sentenced to six months of imprisonment by larceny, etc. at night at the Seoul Western District Court on May 23, 2002; on June 5, 2003, the Defendant was sentenced to eight months of imprisonment by night intrusion larceny at night at the Seoul Western District Court on June 5, 2003; on September 18, 2009, the Defendant was sentenced to one year and six months of imprisonment by committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on December 7, 2012, and completed the execution of the sentence on July 25, 2014.

[2] On December 14, 2015, at around 02:30, the Defendant came to a “E” restaurant operated by the victim D located in Eunpyeong-gu Seoul Metropolitan Government, Eunpyeong-gu, and opened an air transporter’s safe to take cash 30,000 won by opening the air transporter’s safe, which was not corrected by the victim’s leaving the school and going to the restaurant, and by intrusion into the restaurant, and thereby theft it. In such a way, the Defendant stolen 1.8 million won in total on seven occasions from around the day to January 10, 2016, as indicated in the crime list, and attempted to steals another’s property once.

Accordingly, the defendant habitually invadedd a structure at night, thereby thefting the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the police statements made to F, G, D, H, and I, J, K, and L;

1. Reports on each occurrence of a crime and reports on each investigation;

1. Previous convictions: Computer inquiry request or report on the results of confirmation of the previous convictions on disposition;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Circumstances unfavorable to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes:

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