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(영문) 창원지방법원 2016.09.30 2016고단2510
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 30, 2016, at around 02:00, the Defendant opened a restaurant entrance operated by the victim D in Sungwon-si, Changwon-si, Sungwon-si, with no correction due to the completion of the business, and intruded into the entrance, and then stolen it with 800 won in cash by following the safe of the restaurant operator.

In addition, from around that time to July 23:20 on July 10, 2016, the Defendant stolen a total of KRW 620,800 by the same method three times, such as the statement in the list of crimes, and attempted to steals cash over two occasions, but did not discover cash or discovered it and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of G and D;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. A thief who intrudes upon a structure at night in relation to facts constituting an offense: A thief who commits an attempted thief by intrusion on a structure at night in accordance with Article 330 of the Criminal Act: Articles 342 and 330 of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) Crimes No. 1 (Scope of Recommendations) 4 types of larceny for general property (Influence thief) / Special mitigation area (influence 4 months to 1 year and 6 months) / [special mitigation persons] Residential Punishment, Non-Punishment

(b) Class 2 (Scope of Recommendation) Crimes: 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

(c) Type 3 (Scope of Recommendations) 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

(d) The scope of final sentence due to the aggravation of multiple offenses: April to February; and

2. On April 15, 2015, the Defendant, who was sentenced to imprisonment with prison labor for 8 months or for 2 years of suspended execution after having been sentenced to imprisonment with prison labor for a night building intrusion, larceny, etc. at the Changwon District Court, and the said judgment becomes final and conclusive on April 23, 2015.

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