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(영문) 창원지방법원 2016.06.22 2016고단1342
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six 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

On May 13, 2008, around 02:30 on the window of Changwon-si, the Defendant invadedd the victim E through a window 53 computers installed at the victim’s 53 computers installed at the 2nd floor, and removed them to bring about the computer parts such as 30 million won in the market price.

Accordingly, the defendant stolen the victim's property by intrusion on the structure managed by the damaged person at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (F Telephone hearing);

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the recommended punishment / [the scope of the recommended punishment ] General Property 4 types (4 months to 1 year and 6 months) in the area of special mitigation (special mitigation) / [4 types), in a case where a person intrudes into a place other than indoor residential space (the special mitigation person] outside the indoor residential space, (4) in consideration of the circumstances that are the conditions for sentencing as shown in the records of the instant case, such as the following circumstances and the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc.

Circumstances unfavorable: The circumstances favorable to the fact that one kind of punishment has been committed: the agreement with the victim and the total amount of damage has been repaid; the crime committed for about eight years before and after the crime of this case has no record of other crimes;

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