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(영문) 창원지방법원 통영지원 2013.12.13 2012고단1181
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 06:00 on August 7, 2012, the Defendant intruded the victim’s structure six times, as indicated in the list of crimes in the attached Form, from that time, the Defendant invadedd the victim’s structure with the tent entrance in front of the Ecafeteria operated by the victim D with a view to stealing alcohol.

2. From August 7, 2012, at around 06:00 on August 7, 2012, the Defendant: (a) committed theft with ten (10) Sicks, holding the victim D’s market price equivalent to KRW 30,00,00, which is the victim D; (b) from that time on August 9, 2012, the Defendant stolen with six (140,000, total market price of KRW 140,000, as indicated in the list of crimes in the attached Table.

3. On August 8, 2012, around 21:00, the Defendant: (a) intruded into a tent with the back tent at a place prescribed in paragraph (1); (b) and (c) stolen the victim’s market price at which he/she had been holding eight thousand won (4,000 won per disease).

Summary of Evidence

1. Witness D's testimony;

1. Application of the written estimate statutes;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion upon a structure and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to 8 months to 2 years and 9 months (in the case of each of the larceny and night building intrusion larceny, the recommendation (in the case of intrusion upon a place other than the indoor residential space as a special mitigation factor) to the mitigated area of the type of crime (in the case of intrusion upon a place other than the indoor residential space) and multiple crimes). The defendant repeatedly intrudes on the structure and repeatedly commits larceny, and denies part of his offense against the defendant.

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