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(영문) 창원지방법원 2018.01.17 2017고단4338

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On October 19, 2017, the Defendant: (a) intruded the victim D’s “E” operated by the victim D in the window C at Changwon-si, Changwon-si on October 23:25, 2017; and (b) stolen the Defendant’s cash, the victim’s possession within the payment period of cash withdrawal in the account room, by intrusioning the victim D beyond the rear fence and walking up the network; and (c) cutting down the victim’s cash, the victim’s possession within the said payment period.

2. On November 3, 2017, the Defendant attempted to larceny at night buildings: (a) around 01:45, at the victim G working in the window F in Changwon-si, the Defendant: (b) opened the window of an unreshed teachers’ office and intruded up to the inside; and (c) obstructed the objects to be stolen in the erode, glnet, etc. on the books that were located there; (d) however, the employees of the security business were dispatched to the employees of the security business and did not commit attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to G;

1. Written statements (D);

1. Application of the Acts and subordinate statutes on closure photographs;

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the Criminal Act (a person who attempts to larceny intrusion on a structure at night);

1. The Defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, recognizes the instant crime.

However, the defendant had eight previous criminal records of the same kind (one previous criminal records and five previous criminal records) and committed the crime of this case during the suspension period of execution for the same kind of crime, and the damage seems not to have been restored.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the amount of damage, the age of the accused, the sex, the environment, the details, motive, means and result of the crime, the circumstances after the crime, and various conditions of sentencing as shown in the pleading.