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(영문) 인천지방법원 2017.04.13 2017고단1280
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 27, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny by the Incheon District Court, and on December 23, 2016, the Incheon Detention House completed the execution of the sentence.

[Criminal facts]

1. On February 6, 2017, the Defendant: (a) around 02:17, the Defendant: (b) opened an entrance in a D restaurant located in Nam-gu Incheon Metropolitan City, Nam-gu, and entered the entrance, and (c) carried approximately KRW 60,000 in cash owned by the victim E and kept in the safe.

Accordingly, the defendant invaded another person's structure at night and stolen another's property.

2. A thief: (a) on February 12, 2017, the Defendant: (b) opened a credit cooperative in G Bana located in the Nam-gu Incheon Metropolitan City F, in which the staff H in charge of the carcter was not corrected by entering the Kacter as a Kacter; and (c) stolen KRW 90,000,000 in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. Image photographs of each on-site CCTV;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in relation to suspects, repeated crimes against suspects, text of judgment, etc.);

1. Relevant provisions of the Criminal Act and Articles 330 (Occupancy of larceny of intrusion upon structure at night) and 329 (Section 329) of the Criminal Act concerning facts constituting an offense;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The theft of at night buildings (the scope of recommended punishment) [the scope of punishment] to general property: (a) the area subject to special mitigation (4 months to one year and six months); (b) the crime subject to special mitigation (special mitigation (person subject to special mitigation)] the intrusion into any place other than indoor residential space; (c) the crime subject to punishment not subject to the aggravation of specific crimes; and (d) the same repeated crime not subject to the aggravation of specific crimes;

2. The theft [Scope of Recommendations] of the same kind of larceny for general property (general larceny) which does not correspond to the living penalty, the non-exclusive crime, or the aggravation of a specific crime, in the area of mitigation (4 to 10 months) (special mitigation) (special mitigation).

3. The scope of final sentence due to the aggravation of multiple offenses: April to November 4.

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