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(영문) 청주지방법원 2016.11.29 2016고단1301
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On September 18, 2015, the defendant was sentenced to 4 years in the Daejeon District Court for the violation of the Aggravated Punishment, etc. of Specific Crimes Act, and the execution of the sentence was terminated in the Daejeon Correctional District Court.

When the Defendant, at the time of delivering food to the “Saeung-dong,” a Chinese house delivery agent in Heung-dong, the Defendant observed that C would pay the food value by taking cash in the on-site, before the entrance of the office, at the time of the entry of the office, and attempted to steals the cash in the on-site, which is kept in the on-site,.

At around 21:10 on June 18, 2016, the Defendant intruded into the “B” located in Heungdong-gu, Chungcheongnam-gu, Cheongju, with a fence crepan, and brought up 50,000 won in cash, which was kept in his book, before the entrance of the office.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on damage, an investigation report (Attachment to a screen photograph of the on-site CCTV images), CD images;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : (a) the special mitigation area (4 to 1.6 months) (4 months) for general property; (b) life-type crime; (c) intrusion upon places other than indoor residential space (4 type); and (d) the same type of repeated crime not falling under punishment (decision of sentence] and other conditions for the sentencing indicated in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime, shall be determined by comprehensively taking into account the following circumstances and other conditions for the sentencing as stated in the records.

The favorable circumstances - mistake is divided.

- The victim is suffering from the defendant's wife by agreement with the victim.

- the amount of damage is minor.

Unfavorable circumstances - Defendant had been punished several times for the same type of crime, and committed the instant crime again even during the repeated crime period.

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