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(영문) 창원지방법원 2015.11.19 2015고단2347
야간주거침입절도등
Text

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

Reasons

Criminal facts

1. A thief: (a) around 02:38 June 14, 2015, the Defendant: (b) opened a studio in front of the window of Changwon-si, which was parked there, and entered inside and departing from the inside a stief owned by the victim D, and (c) brought 90,000 won total of 90,000 won, which was contained in the said envelope.

Accordingly, the defendant stolen the victim's property.

2. On June 28, 2015, around 03:58, the Defendant, at night, intruded into the house F of the window of Changwon-si, and brought about KRW 1500,000 in cash in the wall box and the relevant taxi container. Around June 28, 2015, the Defendant, who was parked in the wall, opened a front door that was not corrected by the victim G, owned by the victim G, and entered the inside, and brought about KRW 1.5 million in cash in the wall box and the relevant taxi container.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and D;

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Relevant Articles 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as an option;

1. For the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes: Class 1 crime [Scope of Recommendation] for the mitigated area (type 4 (Type 4) for general property) for the larceny area (type 4) for the larceny area (type 4) [the scope of Recommendation] for the second crime for the larceny of general property (type 6-1 year and 6 months) for the basic area (type 6-1 year and 6) for the larceny of general property (type 6-1 year): The scope of final sentencing due to the aggravation of multiple concurrent crimes: taking into account the details and methods of crimes, the frequency of crimes, the amount of damage, etc. - Unfavorable circumstances: The fact that there are two times the records of punishment for the same kind of crime; the fact that the crime was low during the period of suspension of execution due to the same kind of crime; the fact that the crime was committed in favor of a normal confession, etc.; the sentence of imprisonment for August 8;

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