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(영문) 창원지방법원 통영지원 2018.10.11 2018고단672
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On June 14, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for night intrusion larceny at the Incheon District Court, and completed the execution of the said sentence in the previous prison on January 27, 2018.

[Criminal facts]

1. The Defendant committed the crime against the victim B at around 13:40 on June 9, 2018, at around 13:40, at the victim’s residence, destroyed the victim’s front door glass by using a stone in and around his/her surroundings, and then cancelled the lock lock locker of his/her hand with a strong glass, and then intrudes into the victim’s house, and then intrudes into the victim’s house. At the same time, the Defendant continued to have one set of a shot door, which contains a lot of money equivalent to KRW 363,490,000, in a bridge located inside and outside of the victim’s house, consisting of a lot of money equivalent to KRW 363,490, the victim’s possession of the victim’s house.

As a result, the Defendant destroyed the entrance of the victim's ownership so that it can be repaired, intruded into the victim's residence, and stolen the victim's property amounting to 618,490 won in total.

2. On June 9, 2018, around 13:45, the Defendant attempted to remove the locking device of the suspender, which was corrected by putting his/her hand in a knife between the shouldered glass, after destroying the locking glass, by using the brick, as described in paragraph 1, on the ground that the Defendant committed the crime against the victim D came to the victim’s residence in Tong Young-si E and 2 stories.

Accordingly, the defendant damaged the entrance door owned by the victim so that it can be repaired by the city repair cost, and intrudes on the residence of the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. B written statements;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Relevant legal provisions of the Criminal Act and Articles 329, 366, and 319 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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