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(영문) 창원지방법원 2016.06.16 2016고단941

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Night-time theft;

A. On February 22, 2016, at around 21:20 on February 22, 2016, the Defendant intruded into the second floor beer, through stairs, the victim D located in Seongbuk-gu, Sungwon-si, Sungwon-si, and then cut off by inserting one panty panty point an amounting to 30,000 won at the market price owned by the victim, who was registered in the dried dried Dried at the dried Dri.

B. On February 22, 2016, at around 21:25, the Defendant intruded into the second floor beer, through stairs, the victim’s name in Masan-si, Sungwon-si, Sungwon-si, and then stolen the victim’s market price, which was recorded in the Dried Dried Dried Dried Dried Sheet, by inserting the first panty panty point into the main machine.

2. On February 22, 2016, the Defendant attempted to larceny at night, at night, intrusiond upon the victim E’s residence in the Sungsan-gu, Changwon-si, Masan-si, and then obstructed the victim’s second floor bending into the second floor beer, and then obstructed the Defendant’s attempt without having his/her intent, even though he/she was found to have his/her clothes in stairs because he/she was unable to find his/her clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Article 330 of the same Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence does not correspond to the crime since the defendant repeatedly committed a crime that steals clothes by intrusion upon another person’s residence at night: Provided, That the execution of a sentence shall be suspended in consideration of the following: (a) the defendant has been physically in intelligence and mind with the boundary line of the defendant; (b) the defendant has no criminal history; (c) the defendant is a primary offender with no criminal history; and (d)

(w)the age, sex, family environment, motive and circumstances of the commission of the offence, and the means and results of the commission of the offence.