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(영문) 창원지방법원 2016.09.06 2016고단1955
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On April 23, 2015, the defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Ulsan District Court on April 23, 2015, and the judgment becomes final and conclusive on May 1, 2015, and is currently under suspended execution.

The Defendant is a person who served from January 5, 2015 to February 22, 2016 in (State) D operated by the victim C.

From the end of December 2015 to the end of 19:00 to the end of 19:00, the Defendant: (a) opened a entrance in which the storage of the rooftop container was not corrected due to the leaving of the victim and his employees; and (b) took 23 of the camping items, such as the attached Form of 9,720,000 won in total of the market price of the victim, including the red sea, etc., owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on occurrence of a theft;

1. Each photograph;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (the facts during the period of suspension of execution);

1. Reasons for sentencing under Article 330 of the Criminal Act for the relevant criminal facts [the scope of recommending punishment] 4 types of special mitigation (the special mitigation) (the special mitigation) (the type 4 to one year and six months) for general property; the circumstances which take into account in a place other than an indoor residential space (the decision of sentencing): The background and method of the crime; the extent of damage; etc. - Basic matters - The extent of damage, etc. - the fact that there are many favorable circumstances, such as the fact that criminal punishment was committed during the period of suspension of execution due to other crimes; the fact that they were committed during the period of suspension of execution due to other crimes; the fact that they were led to confession and reflect; the fact that damaged articles were returned; the victim did not want the punishment of the defendant; and the sentence

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