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(영문) 창원지방법원 통영지원 2018.02.28 2018고단38
절도등
Text

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

Reasons

Punishment of the crime

[criminal history] On January 12, 2017, the Defendant was sentenced to six months of imprisonment with prison labor due to night structure intrusion larceny, etc. at the Changwon District Court’s branch on January 12, 2017, and completed the execution of the sentence at the Changwon Prison on July 23, 2017.

[Criminal facts]

1. A thief: (a) around December 7, 2017, the Defendant discovered KRW 2,00,000,000 in cash and stolen cash payments from the 397 through through through through through the Dog Young-si branch of the 397 through the 397 through the Dog Young-gu branch; and (b) discovered and stolen cash payments among the victims.

2. At night, the Defendant: (a) around January 2, 2018; (b) around 01:15, the Defendant: (c) around 01:00 won in cash, when she intrudes into the Fac managed by the victim E, who had not been locked, by means of smuggling and entering into the said place; and (d) when she intrudes into the said place by spreading 30,000 won;

(v) A theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A thief report and report on the occurrence of a theft (a thief in night;

1. A criminal investigation report (Attachment of on-site photographs), and a criminal investigation report (Attachment of a photograph to the CCTV image in the F company);

1. Previous convictions: Application of an inquiry letter, investigation report (resident inquiry and search of prisoners), such as criminal history, etc.;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime [the scope of recommendations] thieve crime for general property, which does not fall under the aggravated area (10 months to 2 years) (special aggravated) of the aggravated area (10 months to 3 years) for the larceny of general property;

B. The crime No. 2 [the scope of the recommended punishment] th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th st st st st st st st st st

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