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(영문) 창원지방법원 2018.06.22 2018고단963

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

[Criminal record] On September 17, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of two hundred thousand won for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court Support on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the above imprisonment with prison labor in the Cheongju detention center on March 14, 2017.

[2] On October 23, 2017, the Defendant: (a) at the main point of “D” operated by the victim C in 05:30 on October 23, 2017, the Defendant opened the entrance door of the said main office and opened it to the key in which the Defendant was working as an employee; and (b) at the air conditioning the air conditioning at the same place, 3 C C C of the amount equivalent to 5,000 won at the market price.

Aftermath, 50,00 won was stolen with cash 50,000 won, which is bound to run away to the above main point calculation unit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to C;

1. Investigation report (to hear statements from a victim by telephone);

1. CCTV images to be cut;

1. Previous convictions in judgment: Inquiry about criminal history, current status of personal confinement, and application of each statute of judgment;

1. Article 330 of the Criminal Act concerning the crime;

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

1. The sentencing guidelines [Scope of the recommended punishment] The basic area of the theft against general property (the imprisonment of April to August) (the person subject to special sentencing) [the elements of mitigation] and the prosecutor of the same repeated crime (aggravated factors) who does not correspond to the aggravation of specific crimes (the aggravated factors) did not institute a prosecution against the crime of this case for the crime of this case as prescribed in Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes. Thus, the criminal records of the defendant are deemed to constitute the same repeated crime not falling under the aggravation of specific crimes (a repeated crime).

2. The Defendant, who was sentenced to a sentence, will reflect in depth the error and will no longer repeat the sentence.

The degree of damage is a minor level.

It has not yet been able to come to the age of one's own morally and emotionally.