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(영문) 인천지방법원 부천지원 2015.12.09 2015고단2750
야간건조물침입절도
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court, and completed the execution of the sentence in the Daejeon Prison on August 21, 2015.

【Criminal Facts】

1. On October 3, 2015, the Defendant: (a) around 03:00 on October 3, 2015, at E-art operated by the victim D in Seocheon-gu, Seocheon-gu, Seocheon-si; (b) opened a back door and intrudes into Mat, and 300,000 won in cash, which is the ownership of the victim stored in the safe.

2. On October 16, 2015, around 03:23, the Defendant intruded into the same place in the same manner as above, and took 60,000 won in cash, which is owned by the said victim and stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Written statements of D;

1. Entry into the protocol of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to each written inquiry into criminal records (foreigners), investigation reports (refinites of suspects and repeated crimes and confirmations), Daejeon Correctional Institution records;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : (a) the reason for sentencing of Article 35 of the Criminal Act ; (b) the reason for the larceny of general property (one year to six years); (c) the aggravation area (one year and six months to four years); (d) the person under special circumstances ; (c) the defendant has already been punished for the same kind of crime several times; and (d) the circumstance that the person under repeated offense was committed for the same kind of crime even at the time of the crime of this case was at the time of the crime of this case is determined by comprehensively taking account of the circumstances under Article 51 of the Criminal Act, such as the circumstances unfavorable to the

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