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(영문) 수원지방법원 여주지원 2018.10.24 2018고단861
특수절도
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On September 3, 2018, the Defendant intruded into C, which is located in Leecheon-si B on September 3, 2018, and stored inside the church c, with cash custody under the management of the victim D, and continued to intrude into the church c,00 won, which is managed by the victim D. However, although the entrance was corrected, it was not opened due to the opening of the entrance, and damaged by walking the window of the church office, which is corrected outside of the church building, and then, the Defendant invaded into the church office inside the church office through the window, and carried out 10,000 won in cash owned by the victim E, which was kept under the north of the church c.

Accordingly, the defendant stolen property by destroying a part of a structure at night and impairing the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. On-site photographs;

1. A report on the results of field identification;

1. Records of theft scene photographs;

1. A report on internal investigation (the search, etc. of CCTV image data during the time of the occurrence of the instant case), the closure photographs of CCTV images;

1. A report on investigation (a written estimate attached to a damaged window), and a written estimate;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of a victim);

1. Grounds for sentencing prescribed in Articles 331(1) and 330 of the Criminal Act concerning the crime;

1. The scope of punishment by sentence: Imprisonment for one year to ten years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended punishment] the scope of the sentence [the scope of the punishment] that is recommended on general property, where the mitigation area (eight months to one year and six months) (special mitigation person] intrudes into places other than indoor residential spaces (the four types);

3. The Defendant, like the instant crime, was sentenced to imprisonment on September 8, 2017, and was provisionally released on June 29, 2018 during the execution of the sentence, on paroled on the following occasions: (a) the Defendant committed the instant crime during the period of parole by intrusion upon a church at night.

In light of these criminal records, the defendant seems to have significantly high risk of recidivism.

(b) the scale of damage;

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