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서울중앙지방법원 2017.10.19 2017고단4030
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized evidence as referred to in subparagraphs 1 through 10, 24, 29, 30, 32, 39, 40, and 44 shall be confiscated.

Reasons

Punishment of the crime

On May 16, 2017, at around 03:51 to 03:58, the Defendant put in the door creshed by the victim D in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and around 03:58, the Defendant: (a) put in the door creshed by the victim D; and (b) opened and opened a locker in the form of “cream” and entered into the locker by means of sliding it; and (c) take up KRW 100,000 in cash owned by the victim and kept in the depository located therein.

In addition, from April 17, 2017 to May 21, 2017, a total amount of 28,740,300 won was stolen on 71 occasions, as shown in the list of crimes in the annexed crime.

Accordingly, the defendant habitually intruded another person's structure at night and stolen another's property, and the summary of evidence.

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Z, G, H, I, K, K, M, M, N, P, Q, Q, R, T, U, V, B, B, M, M, W, X,Y, Z, AB, AC, AD, AE, AE, AF, AH, AH, AI, AJ, AJ, AJ, AK, AM, AmM, AM, AP, AP, AP, AP, AS, AS, AS, AP, AS, AV, AV, AW, AW, AY, AY, AY, BB, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B,

1. Protocols and lists of police seizure;

1. Each photograph;

1. Each report on occurrence (thief), each investigation report, each internal investigation report, and reports on results of field identification;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes have been committed in a planned and organized manner;

1. Relevant Articles 332, 330, 329, and 342 of the Criminal Act concerning the facts constituting an offense [Article 75Do1184, May 27, 1975] of the said Act

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act / [the scope of recommendations] 4 types of larceny in general property (one year to six years) (one year and six years) (special mitigation (special mitigation) / Where a person repeatedly commits a crime using a specific manual, instrument or organization (a habitual crime) and where a person is a habitual offender (a decision of sentence).