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(영문) 창원지방법원 2017.05.17 2016고단1865
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 2015, the Defendant: (a) intruded into the victim C’s house located in the Gowon-si, Gowon-si, Gowon-si, Gowon-si; (b) invadedd the victim’s house located in the new site; and (c) went to the victim’s house located in the new site, and stolen the victim’s car 1,50,000,000 won of the market price.

2. On April 27, 2016, the Defendant invadedd the victim’s residence by entering the victim’s house, which was the place described in paragraph (1) around 16:00, and then stolen the property from the victim’s house to the front of the living room, through the open entrance.

3. At the time, place, and place mentioned in paragraph (2), the Defendant attempted the theft and attempted the theft, which was discovered from the injured party while displaying the objects to be stolen, and did not lead to such intent.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C (victim);

1. On-site photographs;

1. Application of Acts and subordinate statutes on report of internal investigation (Seizure not yet included);

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (the occupation of larceny at night), Articles 342, 329 (the attempted charge of larceny, the choice of imprisonment), and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment) of the choice of punishment against the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order, committed the instant crime even though he/she had been punished for larceny at least five times.

On the other hand, the defendant did not have the history of criminal punishment for the last five years, the value of the damaged goods is low, and the victim seems to have refused to return the damaged goods.

In addition, the sentence like the order shall be sentenced in consideration of various sentencing conditions shown in the records and arguments, such as the age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

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