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(영문) 창원지방법원 2016.12.14 2015고단2553

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Changwon District Court for 8 months, which became final and conclusive on June 5, 2015.

On November 11, 2013, at around 15:30 on the 15:30, the Defendant and C intruded into the next apartment shop of Kimhae-si with the aim of thefting the tools, etc. inside the commercial building, and then C has reported the neighboring network, and the Defendant used one electric saws equivalent to KRW 300,000,000, the market price of the victim E, who was kept in custody, as one electric saws equivalent to KRW 300,000,000, the market price of KRW 150,000,000 in order.

Accordingly, the defendant invadedd the commercial building, which is a building managed by the victim, and stolen the victim's property jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. E statements;

1. Previous records of judgment: Criminal records, investigation reports, one copy of judgment, and the application of Acts and subordinate statutes of the ordinary case inquiry;

1. Article 319 (1) and Article 331 (2) and (1) of the Criminal Act (a point of entering a building) concerning facts constituting an offense under the relevant law;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although there is no agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the following: (a) the value of the damaged goods is small amount; (b) the circumstances where the injured goods are concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the criminal records beyond the suspended sentence; and (d) the Defendant’s age, character and conduct, family relationship, family environment, motive and

(The sentencing criteria shall not apply because they are concurrent crimes under the latter part of Article 37 of the Criminal Act).