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(영문) 창원지방법원 2020.05.07 2020고단329
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 7, 2019, around 04:46, the Defendant: (a) intruded into a hotel B at Changwon-si’s window; and (b) carried 200,000 won in cash stored in the accounting unit managed by the victim C; (c) thereby, the Defendant intruded into a building managed by another person at night; (d) on December 25, 2019, the Defendant stolen property. (b) On December 16:38, 2019, the Defendant: (a) opened a back door that was not corrected of “D” on the third floor of the “B hotel”; (b) opened and intruded into the instant “B hotel”; and (c) carried out a credit card owned by the victim E with two million won in cash and one credit card owned by the victim F card.

Accordingly, the defendant intruded on the structure managed by others, and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each report on internal investigation (number 4,5,6,8,11,12,13);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 330 of the Criminal Act, the choice of punishment against the crime, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In view of the fact that the Defendant, for the reason of sentencing in Article 62-2 of the Probation Criminal Act, committed the larceny of this case, even though he had a history of having been sentenced one time to suspend the execution of imprisonment or one fine for the same kind of crime, the Defendant’s liability is heavy.

However, it seems that the mental illness suffered by the defendant is affected by the crime of this case, the fact that the defendant reflects his mistake, and that the victim C and E agree with the defendant is favorable to the defendant.

The punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., and all the conditions of the punishment specified in the pleading.

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