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(영문) 창원지방법원 밀양지원 2018.09.06 2017고단580
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

"2017 Highest 580" Defendant: (a) opened a entrance at the D Hospital Guard Office located in Gyeongnam-gun, Gyeongnam-gun on October 20, 2017, where the victim E does not correct the locked area; and (b) removed KRW 70,000 from the wall where the victim E did not occupy the locked area; and (c) removed KRW 70,000 from the wall where the victim occupied it.

They have been in possession.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

The defendant of "2018 Highest 38" is a person with a mental disability 2.

1. On October 20, 2017, the Defendant infringed upon a residence: (a) opened and intruded the entrance, which was not corrected for the purpose of theft of the goods, at the H office used by the victim G and the Seoul Southern-gu F and the victim G as an office and residence.

2. The Defendant stolen the victim’s cellular phone ( Samsung Tallon 7) and KRW 40,000 in cash, which was located in the said office at the time and place specified in paragraph (1).

Summary of Evidence

"2017 Highest 580"

1. Statement by the defendant in court;

1. E statements;

1. Ctv photographs "2018 Highest 38";

1. Statement by the defendant in court;

1. G statements;

1. Application of the Acts and subordinate statutes to photographs taken by CCTV;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 319 (1) of the Criminal Act (a point of intrusion upon a residence, choice of imprisonment with prison labor), Article 329 of the Criminal Act (a point of section 329 of the Criminal Act, and choice of imprisonment with prison labor) concerning criminal facts;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of recommended punishment) 4 (Intrusion Larceny) special mitigation area (the special mitigation area from April to one year) / (the special mitigation person) in a place other than indoor residential space, and no penalty surcharge is imposed against general property;

B. The crime No. 2 [the scope of the recommended punishment] th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

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