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(영문) 창원지방법원 마산지원 2018.08.14 2018고단478
야간건조물침입절도
Text

The defendant shall be exempted from punishment.

Reasons

Criminal facts

On March 22, 2018, the Defendant was sentenced to imprisonment with prison labor for a maximum of 8 months or for a short of 6 months on June 22, 2018 in the Changwon District Court's M&D branch, and the judgment became final and conclusive on June 22, 2018.

1. On December 18, 2017, the Defendant intruded into the victim D’s “E” type “E” type operated by the victim D in Sungwon-si, Changwon-si, Changwon-si, by open door, and opened a Preparatory exchange system by destroying and destroying it to the divers and then removed 690,000 won in cash owned by the victim.

L. A. L. theft was committed.

2. On December 18, 2017, at around 03:40 on December 18, 2017, the Defendant intruded into “H” unmanned type “H”, operated by the victim G in Seongbuk-gu, Sungwon-si F, Sungwon-si, and opened by means of open door, and opened by destroying and damaging the refact exchange system in the same manner as that of paragraph (1) and deducted KRW 370,000 in cash owned by the victim.

L. A. L. theft was committed.

3. On December 18, 2017, at around 03:50 on December 18, 2017, the Defendant intruded into a “K” indoor shooting range operated by the Victim J in Sungwon-si, Sungwon-si, Sungwon-si, and opened a currency exchange system by destroying and damaging the same method as provided in paragraph (1) and, in turn, deducted KRW 80,000, the cash owned by the victim.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of L, G and J;

1. On-site photographs, field identification photographs (E), field identification photographs (H), and field identification photographs (indoor shooting ranges);

1. Previous record: Investigation report (verification of the fact that an appellate trial is pending at the present trial of the suspect), and application of the defendant's statutory statement statutes;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The latter part of Article 39(1) of the Exempted Criminal Act (the Defendant already committed at night during the period from December 15, 2017 to December 22, 2017, is sentenced to imprisonment with prison labor for a maximum of eight months or for a short of six months and the sentence becomes final and conclusive.

Each offense in the holding is above.

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