(영문) 창원지방법원 마산지원 2015.11.17 2015고단761

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Reasons

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자간(%)

(영문) 창원지방법원 마산지원 2015.11.17 2015고단761

건조물침입등

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

Reasons

Punishment of the crime

1. On September 8, 2015, the Defendant committed the crime: (a) around 09:10 on September 8, 2015, at the “E” restaurant operated by the victim D in Changwon-si, Changwon-si C; (b) opened an entrance with the intent to steal money and valuables and intrude into the inside; and (c) cut off the money and valuables with the total amount of KRW 500,000,000, in cash owned by the victim affiliated with the said credit cooperative.

2. On September 14, 2015, the Defendant committed the crime: (a) around 10:39 on September 14, 2015, at a “H” restaurant operated jointly by the victim Gals of the victim Gals in Msan-gu F, Msan-gu, Masan-gu; (b) opened and intruded inside the entrance that did not correct the theft of money and valuables; and (c) cut off the money and valuables with a total of KRW 5,00,000, the cash owned by the victim in the Kashter-gu Treasury.

Summary of Evidence

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I and J;

1. A written statement of G and D;

1. A criminal investigation report (to attach photographs toCCTVs) and a criminal investigation report (to attach comparative photographs at the time of arrest of a suspect and at the time of committing crimes);

1. Application of CD video-related Acts and subordinate statutes

1. Relevant Articles 319(1) (a) and 329 (a) of the Criminal Act, Article 329 of the Criminal Act, and choice of imprisonment for a crime;

1. From among concurrent crimes, it is inevitable that a sentence is imposed in light of the following: (a) denying the facts of the crime for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) failing to repay damage; (c) failing to reach an agreement with the victims; (d) having committed a crime during the period of suspension of the execution of the same crime; and (b) having committed a crime during the period of suspension of the execution of the same crime: Provided, That the amount of damage is relatively minor; and (c) taking into account the sentencing conditions indicated in the records, such as the Defendant’s

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