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(영문) 창원지방법원 마산지원 2016.01.13 2015고단682

야간건조물침입절도등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 7, 2015, the Defendant was sentenced to a suspended sentence of two years on July 15, 2015, due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Changwon District Court Msan Branch branch, and the said judgment became final and conclusive on July 15, 2015.

On May 22, 2015, at around 03:45, the Defendant: (a) intruded the storage of the goods beyond the fenced Madern Erash-gu, Changwon-si, Changwon-si; and (b) stolen the nature of the Defendant’s 1,600 won at the market price of “natural tin” of KRW 3,100, the victim-owned 1,100, the victim-owned alcoholic beverages of KRW 1,60,000 at the 1,60 square meters at the 50,000 mar-gu.

In addition, from the beginning of November 2014 to May 21, 2015, the Defendant: (a) through 19 times in total, as indicated in the list of crimes, attempted to steal property owned by the victim, 417,000 won in total; (b) through the foregoing method, the Defendant attempted to steal property owned by the victim, beyond a wall, from the beginning of November 2014 to the beginning of May 21, 2015.

The Defendant committed a theft or attempted to steals property equivalent to the total market value of KRW 421,700, which is the victim’s ownership, over a total of 20 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to D/F prepared by the police;

1. Each protocol of seizure and list of seizure prepared by the police;

1. Previous convictions in judgment: Investigation report (verification, etc. of suspect's results of trial), investigation results, and application of statutes;

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (the confession and reflect of the defendant, the fact that the defendant has no same record, the frequency of the crime in this case reaches a total of 20 times, and the crime in this case was committed by a high sect while the defendant was living together for a long time.