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(영문) 창원지방법원 2021.01.13 2020고단2821

야간주거침입절도등

Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 29, 2019, the Defendant was sentenced by the Changwon District Court to imprisonment with prison labor for a crime of violating road traffic law, for eight months and two years of suspended execution, and the judgment became final and conclusive on June 6, 2019.

[Criminal Facts]

1. At night, on August 8, 2020, the Defendant: (a) around 03:22, Kimhae-si, Kimhae-si, the Defendant carried out a project operator of LG beam beam amounting to KRW 500,000 in the market value, which was in custody of the victim D’s contents located inside the camp site in Kimhae-si, Kimhae-si; (b) one stringer amounting to KRW 100,000 in the market value; and (c) one stringer amounting to KRW 50,000 in the market value; and (d) one stringer for camping in the market value.

Accordingly, the defendant abused another's residence at night and stolen the property.

2. On August 8, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving a GNS car from the Ethm to the Fnd of Kimhae-si, Kimhae-si without a valid driver’s license in force on August 8, 2020, and continuously driving the same car from the above F to the above Ethm from around the same day on the same day.

Accordingly, the Defendant driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure protocol and attachment: The application of statutes on screen pictures of vehicle traffic details, perusal of the register of vehicle registration, and attachment: The register of driver's licenses and the results of distance search on the Internet map and the application of statutes on screen pictures;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion upon residence at night), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a non-licensed driver's license point and a choice of imprisonment with prison labor);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [any unfavorable circumstance] was re-offending during the suspended execution period, the fact that there was a history of being sentenced to the suspended execution of imprisonment due to larceny, and that there was a history of being punished five times due to drinking or non-licensed driving [ favorable circumstances], and all damaged items were recovered, and agreed with the victim.