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(영문) 창원지방법원 2015.09.09 2015고단535

야간건조물침입절도

Text

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

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

Reasons

Punishment of the crime

On February 19:10 on February 7, 2015, the Defendant: (a) discovered a theft of bathing goods through the window of a public bath; (b) laid the Defendant’s arms in front of a public bath building located on the first floor after the victim’s D bather building in the operation of the Da in Kimhae-si, Kimhae-si; and (c) invaded by gathering the Defendant’s arms through the window of the public bath; and (d) laid in the front part of the window, seven thoths of the public bath room owned by the public bath guest, where the victim’s name in the front part of the window cannot be known, were collected, thereby cutting down the sum of KRW 570,00,00 in the market price of the bathing goods, such as shamp and rinse, which were located in the public bath room and its bath part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Police seizure records;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Where the mitigated area (8 to 1.6 months) of the mitigated area (special mitigation) (8 to 1.6 months) (special mitigation) of general property intrudes into places other than indoor residential space (4 types) / [decision of sentence] Defendant, including imprisonment with prison labor, has a history of having been punished several times for the same kind of crime, but again committing the instant crime is disadvantageous.

However, the defendant's mistake is against the defendant, and the crime of this case is only one time, and the theft goods are also temporarily returned to the victim, etc., considering favorable circumstances, and the punishment shall be determined as ordered by considering various sentencing conditions, such as the age, environment, etc. of the defendant.