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(영문) 창원지방법원 진주지원 2018.11.28 2018고단1321
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant was sentenced to six months of imprisonment with prison labor due to the intrusion of structures at night, larceny, etc. in the Changwon District Court's Jinju branch on June 8, 2018, and the judgment became final and conclusive on November 20, 2018.

1. On October 12, 2018, the Defendant: (a) on October 12, 2018, 22:07 around 02:07, the victim’s “D”; (b) upon drinking alcohol, the Defendant: (c) cut off one wall with a cash amounting to one million won, which was owned by the victim who was under the seat of the seat of the victim; and (d) on October 13, 2018, the Defendant used the victim’s mobile phone-based theft on the road at night, around 18:30,00, around 10,000, up to 1:30,000,000, the victim’s cell phone-based 2:30,000,000,000 won, and 1:3:0,000,000,000,0000,000,000,000,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to H, I, C, and F;

1. Evidential photographs;

1. Each CCTV image;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (Attachment to the same type of judgment), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Selection of punishment for larceny: Selection of imprisonment with prison labor;

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, Article 38 (1) 2 and 50 of the same Act, the grounds for sentencing;

1. Application of the sentencing criteria;

A. 1 Crimes - the sentence of recommending the theft of a structure at night: 8 months to 1 year and 6 months (a mitigated area): Influence into places other than indoor residential spaces.

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