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(영문) 창원지방법원 진주지원 2016.08.17 2016고단530
야간건조물침입절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2016, the Defendant attempted to larceny a structure at night, followed by the door door door door door door, in which the victim C, located in Sacheon-si B, and did not discover any money and valuables, but did not discover any money and valuables.

2. On May 13, 2016, around 03:15, the Defendant: (a) intruded into a F cafeteria in which the victim E resides in Sacheon-si B by an irregular method; and (b) removed one U.S. safe in the market price on the part of the calculation unit, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. Application of each statute on photographs;

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the Criminal Act (a person who attempts to larceny intrusion on a structure at night);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing guidelines [the types of punishment] shall be limited to the scope of larceny [special mitigation factors] intrusiond at places, other than indoor residential spaces (the scope of recommended punishment], and imprisonment with prison labor for not less than eight months but not more than one year and six months (the result of multiple crime processing standards] for at least eight months;

2. In light of the fact that the Defendant committed each of the crimes of this case even though he had a record of punishment for juvenile protective disposition or suspension of execution due to the same crime, and that the victim did not recover from damage, the Defendant’s liability for the crime is not minor.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects his/her own crime, certain crimes are committed, and there is no criminal history for the defendant, and that the records of the same crime have passed about 10 years, etc., the punishment shall be determined as ordered by taking into account the circumstances favorable to the defendant, such as the defendant's age, sexual behavior, etc., and the various sentencing conditions as shown in the records and the theory of changes.

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