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(영문) 창원지방법원 마산지원 2019.07.23 2019고단375
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 27, 2016, the Defendant was sentenced to 8 months of imprisonment for night buildings, intrusions, theft, etc. in the Changwon District Court Msan Branch on September 27, 2016, and completed the execution of the sentence in the Changwon Prison on March 27, 2017.

1. On January 9, 2019, the Defendant: (a) around 23:30, around 23:30, on the part of January 2019, entered the victim C’s “D” in the Chang-si Mhappo-si B, Chang-si; (b) opened a stack with no human resources in the surrounding area; and (c) intruded into the said stack with 10,000 won gift certificates holding 10,000 won and 10:0 from that time, the Defendant committed a theft of the victim’s property or attempted to commit a theft of the victim’s property by impairing the building at night on five occasions from that time until April 9, 2019, including the 00:29 No. 1 to 5 of the list of crimes committed.

2. From February 23, 2019, the Defendant: (a) committed a theft and attempted theft in the “G” operated by the victim F in Changwon-si, Changwon-si, Changwon-si; and (b) committed a theft with cash of 40,000 won in front of his/her street, using a cresh in front of his/her surrounding people, from the yellow flusium, which was on the street, until April 7, 2019, until around 00:58, from that time, he/she committed a theft of, or attempted to commit a theft of, the victims’ property over three times, such as the list Nos. 6 through 8 of the daily list of crimes, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, I, J, K, C, F, and L;

1. The screen of each CCTV-cape;

1. Each investigation report (to hear statements of a victim C, F, L, or H);

1. Previous records of judgment: Application of criminal records, inquiry reports (Attachment to the same type of criminal records, confirmation of the date of release of a suspect), and statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act (the points of larceny at night), Articles 342 and 330 of the Criminal Act (the points of attempted larceny of night buildings), Article 329 of the Criminal Act, Article 342 of the Criminal Act, and Article 342 of the Criminal Act concerning the selection of punishment;

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