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(영문) 창원지방법원 통영지원 2018.08.16 2018고단655

절도등

Text

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

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

Reasons

Punishment of the crime

On May 7, 2018, the Defendant came to know that the injured party was keeping the key of the entrance door of the said office in the window frame while working at the D Service Designation Office for the Victim C’s Operation in Jinsung-gun, Gyeongnam-gun, Ha around 2017, and tried to steal the property by intrusioning upon the said office on the cret that does not work anytime at the office.

On May 7, 2018, the Defendant: (a) confirmed on May 7, 2018, at around 09:40, that the Defendant had no place at the above office; (b) opened a locked door using the keyss in the windows; (c) opened a locked door; and (d) opened a locked safe on the floor; and (d) opened a knife a knife with a knife with a knife with a knife with a knife with a knife with a knife

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each report on internal investigation:

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

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. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence are as follows: (a) the degree of infringement of legal interests by the instant crime; (b) the Defendant’s repayment of damages to the Defendant; (c) the time and opposition to the commission of the crime; and (d) the Defendant’s age, sex, environment, motive of the crime; and (e) the various conditions of sentencing as shown in the pleadings, such as the circumstances after the crime, shall be considered.