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(영문) 창원지방법원 2016.06.02 2016고단952
야간건조물침입절도
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

[criminal records] On August 17, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Changwon District Court on November 3, 2012, and the judgment became final and conclusive on November 3, 2012.

[Criminal facts]

1. On November 7, 201, at around 23:00, the Defendant: (a) intruded into the factory into D factory operated by the Victim C in Kimhae-si B through the entrance that was not corrected; and (b) stolen the amount of approximately KRW 10 million at the market price of the victim’s possession and loaded approximately KRW 10 million on the E-Poter cargo.

2. On November 10, 201, at around 23:00, the Defendant intruded into the aforementioned D factory into the factory by the aforementioned method, and stolen the amount of 150 kilograms and 500 meters high at the market price of the said victim, which is the victim’s ownership, while carrying the amount of 150 kilograms and 50 meters high at the chain, and loaded it into the said cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Notification of the discovery of any fact corresponding to the DNA identification information, investigation report (Attachment to on-site photographs) at each site;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Article 330 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order had the record of having been punished twice for the same crime (one-time penalty, one-time imprisonment, and one-time imprisonment), and the agreement with the victim or the damage has not been recovered. However, each of the of the of the instant crimes was committed in March 201, and only around March 2016, the fact that DNA identity confirmation information was identical was discovered and the prosecution was instituted later, and the Defendant was issued a sentence of eight months for fraud as seen earlier, and the judgment became final and conclusive. Each of the instant crimes was finalized.

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