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(영문) 창원지방법원 2016.11.11 2016고단3310
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

[criminal power] On June 17, 2009, the Defendant was sentenced to two years and six months of imprisonment with prison labor for robbery, etc. at the Changwon District Court and four years of suspension of execution on January 14, 201 during the grace period, and was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on July 8, 201, and the sentence became final and conclusive on July 8, 201, and the execution of each of the above punishment was terminated on February 2, 2015.

【Criminal Facts】

1. Night-time theft of buildings;

A. At around 02:00 on March 20, 2016, the Defendant opened a entrance that was not corrected in “AG” operated by the Victim AF in Jin-si, Jin-si, Changwon-si, and entered a container office, and stolen approximately 30 km of the amount of clothes equivalent to KRW 174,000, the market price of the victim’s possession.

B. On April 8, 2016, around 02:00, the Defendant opened a entrance that was not corrected at the entry and place of paragraph 1’s (a) and entered a container office, and removed from the container office, and stolen approximately 22 kg of the Guideri, which was the market price of the victim’s possession, from the 127,000 won.

2. On April 24, 2016, at around 19:05, the Defendant: (a) opened an entrance that was not corrected at the same place as the description of paragraph 1; and (b) intruded into the structures managed by others.

3. The Defendant, at the time and place indicated in paragraph (2), stolen approximately KRW 116,00, out of clothes equivalent to the market price of 116,000, which is the victim’s possession, brought about about 18 km.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning AF;

1. Written statements and criminal photographs;

1. Previous records: Criminal records and other inquiries, and the application of each investigation reporting statute;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders.

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