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(영문) 창원지방법원 2015.11.30 2015고단2831
야간주거침입절도
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 31, 2015, the Defendant: (a) around 04:00, at the front of the “D” restaurant operated by the victim C in Masan-si, Changwon-si; (b) opened the bagical sliding door door and intrudes into the restaurant in his/her hand, and then cut down the cash of 80,000 won in the bag; and (c) laid down the bag in the bag; and (d) laid down the 15km of the bag of the bag in the bag-si.

2. The Defendant, around 04:00 on June 2015, invaded the above restaurant by the foregoing method, and putting 200,000 won at the price of the swine machine in the kimchi cooling house, which was in the said restaurant, in vinyl clin, stolen it.

3. On July 28, 2015, around 04:43, the Defendant intruded into the said restaurant by the foregoing method, and putting 400,000 won at the market price of the swine cat in the kimchi air in vinyl cather, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order, crimes 2 in the mitigated area of category 4 (In the event that a person subject to special mitigation has intruded into a place other than an indoor residential space (type 4) [the scope of recommending punishment] mitigated area of category 4 (In the event that a person subject to special mitigation) (type 8-1, and 6) mitigated area (type 4) [the scope of recommending punishment] mitigated area of category 4 (In the case that a person subject to special mitigation) and intrudes into a place other than an indoor residential space (type 4) [the scope of recommending punishment] mitigated area of category 4 (In the case of a person subject to special mitigation] mitigated area (type 8-1 and 6) [the scope of special mitigation] mitigated area of general property (type 4) [the scope of final sentence according to the aggravated punishment according to the aggravated punishment of multiple crimes: August 29].

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