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(영문) 창원지방법원 2015.09.15 2015고단2005

야간방실침입절도

Text

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

Reasons

Criminal facts

On May 14, 2010, the Defendant sentenced the Daegu District Court to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the first prison of the North Korean defectors on November 13, 2012.

On April 2014, the Defendant was employed in the “E soup crying” operated by the victim D in the Seocho-si Kim Jong-si on April 2014, and was working for the “Ebrying crying crying crying crying crying with the victim, followed up a dispute with the victim, and stolen cash stored in the said soup crying

On April 11, 2014, at around 01:10, the Defendant: (a) opened a soup restaurant, which was kept in the crying crypt; (b) opened a crying crying room as a key to the crying crying room; and (c) opened a door to the crying room, without any reason upon the end of the business; and (d) stolen cash, 60,000 won for the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A survey report (CCTV verification);

1. Application of Acts and subordinate statutes as a result of criminal records, investigation reports, and inspection of prisoners;

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

1. Reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation) / Where the mitigation area (a person under special mitigation) (a person under special mitigation)) and intrudes into any place other than an indoor residential space (a person under special mitigation) / basic matters - Basic matters such as the course and method of the crime, the amount of damage, etc. - The fact that the crime was committed committed during the period of repeated crime due to the same kind of crime, which is committed in favor of him/her - The fact that the crime was committed during the period of repeated crime due to the same kind of crime, which is committed in favor of him/her: Imprisonment with prison labor for October / [Determination of sentence]