logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.03 2016고단2300
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On October 7, 2009, the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on October 7, 2009; imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on May 13, 2010; and on January 10, 2014, the Defendant was sentenced to a summary order of three million won with prison labor for larceny at the same court.

In addition, on September 19, 2014, the Defendant was sentenced to six months to imprisonment for the attempted theft of residence at night by the District Court, and completed the execution of the sentence in the House Government Prison on May 16, 2015.

[Criminal facts] On June 4, 2016, around 03:45, the Defendant intruded into the “E cafeteria” operated by the victim D in Namyang-si, Namyang-si, and carried 70,000 won in cash owned by the victim and carried out the cash in the Kacter’s safe.

In addition, the Defendant had, from July 2015 to June 4, 2016, cash amounting to KRW 2,70,000, total market price of the victims by the same method as the attached list of crimes Nos. 2 to 5, 7 through 9 in total, seven times in the same manner.

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 D and F;

1. Each investigation report (CCTV investigation, contribution investigation), CCTV images and photographs;

1. Reporting on occurrence of a disaster;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the previous period), and result of screening of prisoners;

1. Habituality of judgment: Application of the Acts and subordinate statutes to the larceny shall be recognized in view of the criminal defendant's records of the same criminal act, the number of criminal acts, the frequency of criminal acts, and the repeated crimes of the same kind;

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: The crime of this case is committed habitually despite many criminal records, and is under the same repeated crime period, and damage.

arrow