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(영문) 창원지방법원 거창지원 2016.03.23 2015고단352

야간주거침입절도등

Text

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

Seized evidence 24 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 19, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Jinwon District Court’s Jinwon Branch Branch, and on October 29, 2015, the Defendant completed the execution of the sentence at Jinju Prison.

【E community hall” used by residents of the village, such as victims D, etc. in the Gyeongnam-gun, Chungcheongnam-do, on December 9, 2015, the Defendant: (a) intruded into the above community hall by opening and entering into the said community hall in a manner that does not lock down any convenience after the community center; and (b) went out of the market price of the victim, the market price of which is the victim’s possession in the cooling house, and 2 knives.

L. A. L. theft was committed.

Accordingly, the defendant invadedd the above community hall at night and stolen the property owned by the victim.

[2016 Highest 23] On December 7, 2015, the Defendant: (a) opened the entrance door of the above community center and intrudes into the entrance door of the center, which was not corrected and was kept in the air conditioners; and (b) taken out the following food, i.e., ham, smuggling, kimchi, etc. at the market price owned by the victim, which was kept in the air conditioners; and (c) taken out 2 knives, etc.

L. A. L. theft was committed.

From that time until December 21, 2015, the Defendant infringed on the house and the community hall in which the victims reside and manage seven times in total, such as the list of crimes, and stolen the property owned by the victims.

Summary of Evidence

1. Statement by the defendant in the first and third public trial records;

1. Statement made by the police against D;

1. Each statement of G, I, J, K, L, M, and N;

1. Previous records: Application of Acts and subordinate statutes to criminal investigation reports (a copy of a certificate of confinement, etc.), investigation reports (Attachment of previous records attached to such previous decisions);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for a repeated crime;

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of larceny is committed against the defendant.