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(영문) 창원지방법원 2017.03.16 2016고단1811
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 2016, at around 01:0, the Defendant opened a panel at the entrance of the 15th floor of the Kimhae-si, Kimhae-si, as his hand, and intruded upon the panel at the entrance of the 15th floor of the building, and 60,000 won of the market price of the victim, who was in the table, was 80,000 won of the market price and 600,000 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the grounds for sentencing as set forth below) of the Act on the Mitigation of Small Quantity [the scope of recommending punishment] The basic area (1 to 2 months) (1 to 6 months) where the defendant intrudes into a place other than indoor residential space (1 to 4 months) / (4 type) where the defendant had been punished several times for the same kind of crime, despite the fact that the defendant had been punished several times for the same crime, the crime of this case is committed. The crime of this case is committed by the defendant by removing the panel wall at night and impairing the victim's place of business, and it is inevitable in light of the fact that the defendant's additional damage to the victim, such as expenses for repairing the panel wall, has not been recovered, etc. other than the damage of this case, it is inevitable to sentence the defendant to the crime of this case.

However, in full view of the facts that the defendant recognized the crime of this case and against the mistake, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, background and motive leading to the crime of this case, and circumstances before and after the crime of this case, the defendant is sentenced to the same punishment as the disposition within the applicable sentencing range.

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