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(영문) 창원지방법원 마산지원 2013.10.16 2013고단213

절도등

Text

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

Reasons

Punishment of the crime

On September 14, 2012, the Defendant was sentenced to six months from the Changwon District Court due to night building intrusion and larceny, and completed the execution of the sentence at a detention house on January 3, 2013.

around 15:30 on March 12, 2013, the Defendant intruded into the restaurant by the entrance opened in the “E” restaurant operated by the victim D in Changwon-si, Changwon-si, Masan-si, and then stolen a string wall owned by the victim (170,000 won at the market price), 200,000 won in cash, and 30,000 won in Samsung Credit Card Co., Ltd.

around 00:04 on May 7, 2013, the Defendant intruded the victim G in Changwon-si, Changwon-si, with the entrance opened in the “Hnoe-si,” where the victim G in Changwon-si is an employee, and then stolen three shopping bags containing three cosmetics, including 100,000 won in cash owned by the victim in the atmosphere by using the gap where the victim’s surveillance was neglected, and 70,000 won in cash in the atmosphere.

Summary of Evidence

"2013 Highest 213"

1. Defendant's legal statement;

1. D's legal statement;

1. On-site and photograph of the scene of crime "2013, 633";

1. Defendant's legal statement;

1. Legal statement of G;

1. The "criminal records" of an investigation report (including CCTV video data recorded at the scene of the crime);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 329, Article 319 (1) and Article 330 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act can have the record of being punished for the same kind of crime; the Defendant committed the instant crime only in the case where he was sentenced to imprisonment with prison labor and discharged from prison for the same kind of crime and approximately two months, and no reimbursement for damage has been made.