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Reasons
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(영문) 청주지방법원 2017.08.10 2017고단1337
상습야간건조물침입절도
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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

1. On August 28, 2007, the Defendant was issued a conditional suspension of indictment on the part of the Seoul East-gu District Prosecutors' Office to be entrusted with observational offices as special larceny; the Defendant was sentenced to imprisonment on December 6, 2007 at the Seoul Northern District Prosecutors' Office to transfer juvenile protection cases through special larceny; on March 3, 2008, the Defendant sent juvenile protection cases to the Seoul Northern District Prosecutors' Office as night structure intrusion larceny; on December 24, 2008, the Defendant sent juvenile protection cases to the Seoul Northern District Prosecutors' Office as special larceny; on May 26, 2011, the Defendant was sentenced to imprisonment on November 24, 201 at the Seoul Northern District Prosecutors' Office and completed the execution of the sentence on March 23, 2016.

2. The Defendant, around October 2016, at around 00:00 to 04:00, entered the above store through its windows, with cash amounting to 20,000 won, which was owned by the injured party, from around that time to June 11, 2017, on a total of 21 times as indicated in the list of crimes in the annexed sheet of crimes, stolen property worth KRW 2,426,50, total market value, and attempted to steals property over nine times in total.

Accordingly, the defendant habitually intruded the structure managed by others at night, and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G, F, H, I, K, K, L, M, M, N, P, Q, Q, R, S, T, U,V, W, X, Y, Z, AA, AB, AC, Q, AD, and AE;

1. A report on internal investigation (in the case of CCTV investigation, etc. on the site);

1. Each investigation report (on-site and CCTV verification, and attaching CCTV screen at the time of committing a crime);

1. Notification of confirmation of the identity of a thief suspect;

1. A report on occurrence (a theft) (421 pages of evidence);

1. Previous convictions: Inquiry about criminal history and confirmation as to whether suspects are repeated crimes;

1. Habituality of judgment: Each record of crime, method of crime, frequency of crime, and the same kind of crime as indicated in the judgment;

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