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(영문) 창원지방법원 2014.06.13 2014고단149

야간건조물침입절도미수등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 149] The Defendant added meals provided free of charge at C office, so the Defendant left the office structure with the leaving of the victim D with the leaving of the office, and sentenced him to theft of rice.

Around 23:00 on December 6, 2013, the Defendant: (a) opened a window with a string the body of human being cut off; (b) intruded into the body; and (c) attempted to steal and steal the body of the victim with a total of 50,000 won at the market price of 20km 1 Mag per annum owned by the victim; (c) however, the Defendant, on the window of the window, eropoched rice into the wind and attempted to do so.

[2014 Highest 346] On November 15, 2013, the Defendant: (a) around 10:21 on November 15, 2013, at the Victim G G G in Kimhae-si F, the Defendant: (b) had a total of 16,100 won of the market price of the injured Party G, the injured Party G, the injured Party, the injured Party, the injured Party, and the Party

Summary of Evidence

[2014 Highest 149]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of H [2014 high-ranking346]

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act which choose punishment ( point of attempted larceny of night buildings) and Article 329 of the Criminal Act;

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

3. Article 62 (1) of the Criminal Act (Consideration of sentencing)

4. When considering the fact that the defendant committed each of the crimes of this case even though he had been punished several times for the same kind of crime in the past in the reason for sentencing under Article 62-2 of the Probation Criminal Act, the defendant needs to be subject to strict punishment. However, the defendant's confession and reflects each of the crimes of this case, the amount of damage is not significant, there is no penalty power exceeding the fine, and there is no other penalty power beyond the fine, and the defendant's age, character and behavior, character and character, intelligence and environment, and the motive and circumstance of each of the crimes of this case, and the circumstances after the crime, etc.,