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Reasons
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(영문) 수원지방법원 안산지원 2015.10.06 2015고단2301
야간건조물침입절도등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 20, 2012, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court's Ansan Branch on February 20, 2012, and completed the execution of the sentence in the Sinpo Prison on June 23, 2014

1. On July 29, 2015, the Defendant: (a) was placed in the vicinity of the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. On August 5, 2015, at night, the Defendant: (a) around 02:23, the victim G in Ansan-si, a member G was in front of the body part of “H” operated by the victim G; (b) went into a cresh of the entrance and intrude into the door; (c) the Defendant removed the window of the locked office from hand, and took two small safes of the victim G cash owned by the Defendant, which had been placed on the front side of the window by going out to the hands, with his hand, carried out two hands of the small safes of KRW 50,000 at the market price of KRW 40,000.

Accordingly, the defendant stolen another's property by intrusion upon a structure that people receive at night.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Police seizure records;

1. Related photographs, related photographs (the detection of CCTVs in the criminal scene), investigation reports (the telephone survey), and case-related photographs;

1. Previous records of judgment: Application of criminal records, investigation reports (the previous records of the same kind and the report on the confirmation thereof), written judgments (number 27,29), personal identification/ confinement status Acts and subordinate statutes to the criminal records, investigation reports (the previous records of the same kind, and repeated crimes);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes (as to each crime indicated in the judgment, since there is a previous conviction)

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act among concurrent crimes [the scope of recommending punishment] 1: the theft of general property.

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