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(영문) 창원지방법원 거창지원 2017.04.21 2017고단70
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 23, 2016, the Defendant was sentenced to imprisonment with prison labor for night residence intrusion larceny, etc. at the Changwon District Court's branch on March 23, 2016, and on August 10, 2016, the Defendant completed the execution of the sentence in Busan Prison.

On March 13, 2017, at around 21:30 on March 21, 2017, the Defendant opened and intruded the entrance of the party to the above route with the key to the E-Center managed by the victim D, the village located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, the head of which is the victim D, and then taken 1 bottled 1,500 won of the market price, where the market price of the victim owned by the victim stored in the cooling house is unknown.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and CCTV images;

1. Investigation report (statements inside the village and confirmation of the ownership of damaged goods);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the same records of the accused and the period of repeated crimes);

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment of recommendation] The reason for the sentencing of Article 35 of the Criminal Act for general property [the amount of damage caused by the instant crime] is not significant in the amount of damage caused by the instant crime, and the victim does not want the punishment of the defendant, in consideration of the defendant's age, sex, environment, motive, means and consequence of the instant crime, circumstances, etc., and the order of the same punishment as the order of the instant case.

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