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(영문) 대전지방법원 2018.01.23 2017고단4981
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

On July 14, 2016, the Defendant was sentenced to eight months of imprisonment for habitual larceny in the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on October 7, 2016.

Criminal facts

On November 21, 2017, the Defendant came to go to “D” located in Daejeon Jung-gu, Daejeon, Daejeon. On November 21, 2017, the Defendant: (a) opened and intruded with the victim E (60 taxes) by using the crepans of the above Act, and by using the crepans of the lower part of the said Act; (b) up to 30,000 won of cash owned by the victim within two the crepans located in the main part of the said area; and (c) up to 10,00 won of cash owned by the victim in a wall located in the said office, respectively.

They go back.

In addition, the Defendant, from October 22, 2017 to December 5, 2017, stolen or attempted property worth KRW 18,025,00 in total over 12 occasions, as indicated in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. Investigation report (verification of sunset time);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect repeated records);

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Articles 330 (the points of larceny at night) and 342 and 330 (the points of attempted larceny at night in intrusion upon residence) of each Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In the instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant stolen property worth 18 million won in total over half a month during which the Defendant committed the same crime, and the Defendant repeated the crime without being aware of it during the period of repeated crime due to the same crime, and subsequently stolen property at the place where the theft experience has already been already found, and the nature of the crime is very poor.

In light of the period of crime, frequency of crime, size of theft, methods of crime, means, motive of crime, etc., it is also necessary to impose severe punishment corresponding thereto.

However, the defendant does not report damage after arrest.

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