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(영문) 창원지방법원 통영지원 2017.01.12 2016고단1001

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal record] On February 15, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Busan District Court on May 13, 2016 and completed the execution of the above punishment at the Busan Detention House.

[Criminal facts] The defendant is in a state where the defendant lacks the ability to discern things or make decisions due to the current illness.

On June 20, 2016, the Defendant 1001, on June 20, 2016, entered and intruded with a entrance that was not corrected to the E church in the victim D management in North Korea-Si, Namwon-si, North Korea-si, and then stolen rice of 20 kmg 20 g and cash of 12,120 won at the market price owned by the victim.

"2016 Highest 1076"

1. On June 8, 2016, the Defendant invadedd a structure: (a) entered the said church and its office through a entrance opened for the purpose of theft of property in the “H church” in which the victim G, who was in F at F, was a pastor at the time of domination of around 08:30 on June 8, 2016.

Accordingly, the defendant invadedd on the building managed by the damaged person.

2. The Defendant: (a) entered the said “H church” office as described in paragraph (1); (b) cut off a 100,000 won in cash owned by the victim; and (c) stolen a thief.

Summary of Evidence

"2016 Highest 1001"

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Police seizure records and list of seizure;

1. A certificate of hospitalization;

1. On-site reports (Attachment of on-site photographs), reports on internal investigation (related to the verification of AD medical history), reports on internal investigation (related to the verification of the amount of damage), and inquiries into facts (related to the examination records of the suspect);

1. Previous convictions indicated in judgment: Investigation report (verification of the fact of repeated crime), copy of the judgment, current status of confinement of each individual, and "2016 Heights, 1076";

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A report on investigation (to attach on-site CCTV);

1. Application of statutes governing certificates of persons with disabilities;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon a structure at night), Article 329 of the Criminal Act (a thief), and Article 319 (1) of the Criminal Act (a thief for intrusion upon a house and choice of imprisonment) concerning criminal facts;

1. The Criminal Act for aggravated repeated crimes.