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(영문) 창원지방법원 2016.04.01 2015고단2692
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence from the accused shall be confiscated as provided for in subparagraphs 1 through 8 of this Article.

Reasons

Punishment of the crime

On July 23, 2010, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court, and on June 11, 2012, the Defendant completed the execution of the sentence at Daegu Prison.

On September 15, 2015, the Defendant stolen the victim’s property worth KRW 47,64,00,00 from February 10, 2013 to October 1, 2015, as indicated in the list of crimes in the separate sheet of crimes, in light of the “E” clothing operated by the victim D, which was located in the Gu of Changwon-si at Changwon-si, and around 04:42, around September 15, 2015, the Defendant used a electric cable between the glass entrance and the lock door behind the warehouse to cover approximately KRW 80,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, D, and H;

1. Police seizure records and list of seizure;

1. Each statement;

1. Reports on each occurrence of a crime;

1. A report on the results of field identification;

1.Each investigation report (Attachment of On-the-spot photographs), each photograph, each field photograph, each report on the results of field identification, investigation report (STV image data confirmation and victim notification), response to the results of sufficient sclimatic appraisal, appraisal report, internal investigation report (Attachment of a photograph recorded at the time of damage), internal investigation report (Submission of a copy of a passbook, etc.);

1. Previous conviction: A written inquiry about criminal history and a report on investigation (verification of criminal history);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, including: (a) the Defendant committed the instant crime even though he/she had been sentenced several times to imprisonment for the same kind of crime; and (b) the Defendant again did not agree with the victims or make efforts to recover from damage; and (c) the Defendant committed the instant crime.

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