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(영문) 창원지방법원 밀양지원 2018.11.15 2018고단467

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

[criminal records] On July 7, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. at the Changwon District Court, and was released on January 30, 2018 in the Busan Prison on the execution of the sentence, and the remaining term of imprisonment has expired on April 30, 2018.

[2] On September 25, 2018, around 21:37, the Defendant: (a) opened a toilet window in front of the D office located in C and C and 3 stories, and intruded into the office inside the office; and (b) cut off with cash of 50,000 won owned by the victim E; (c) cash of 200,000 won owned by the victim F; (d) one thousand cash owned by the victim G; and (e) one, a consortiumr; (e) three, a canca, six, and a canca, six, and a canca and a canca; and (e) three, a canca and a canca.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each statement of E, G, and F;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (fact that the person is a repeated offender) statute;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigated area (from August to January 6) of the mitigated area (special mitigation) for general property (special mitigation) / In the case of intrusion into a place other than indoor residential space, the punishment is determined as ordered within the scope of recommendation according to the sentencing guidelines, taking into account the following circumstances: (b) the criminal committed during the period of repeated crimes concerning the same kind of crime; (c) the fact that the criminal was committed during the period of repeated crimes; (d) the Defendant’s age, environment; (d) motive, means and consequence of the crime; and (e) the circumstances of the punishment specified in the record, such as the circumstances after the crime, etc., within the scope of recommendation according to the sentencing guidelines.