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(영문) 창원지방법원 2016.06.23 2016고단1291
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 15, 2015, at around 21:10, the Defendant came to fall under the building 313 in Kimhae-si, Kim Jong-si, the Defendant: (a) removed the correction device using the password, which was known in advance; and (b) intruded on the house, and then cut off the victim C with a 300,000 won of the market price owned by the victim D Company, which was managed by the victim C.

2. On November 15, 2015, the Defendant came to fall under the foregoing B B B 513 on November 15, 2015, and came to fall under the instant B 513, the Defendant revoked the correction device using the password, which was known in advance, and intruded into the house, and then cut off the 300,000 won of the market price owned by the victim E with one television.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. Application of Acts and subordinate statutes to each investigation report (as to correction of a victim, No. 313 TV ownership verification);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. In full view of all the circumstances, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, the sentence as set forth in the argument of this case shall be determined, taking into account the following: (a) the Defendant’s confession and reflects the reason for sentencing under Article 62(1) of the Criminal Act; (b) the Defendant’s consent with the victim C does not punish the Defendant; and (c) the Defendant has no record of punishment other than that of the same kind of fine; and (d) the Defendant has no record of punishment other

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