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(영문) 창원지방법원 2018.08.31 2018고단1170
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On March 31, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on December 29, 2016, and completed the execution of the sentence at the Changwon Prison on December 29, 2016. On January 23, 2018, the Defendant was sentenced to six months by imprisonment with prison labor at the Changwon District Court for larceny, and the judgment became final and conclusive on January 31, 2018.

[2018 Highest 1170]

1. On January 19, 2018, at around 14:54, the Defendant: (a) intruded into the 1st floor door of the Dora Building in Kimhae-si, Kimhae-si; (b) cut off the 400,000 won of the market price owned by the victim D, which was left front of the Dora 302; and (c) cut off the Dora 1,000,000 won of the market price of the Dora 302.

2. On January 20, 2018, the Defendant: (a) intruded on the 1st floor door of the 1st floor door, Kimhae-si, Kimhae-si; (b) cut off the 103rd floor door of the 201st floor door; and (c) cut off the 100,000 won of the market price owned by the victim F, which was kept in front of the 103rd unit of the 103rd unit.

[2018 Highest 1594] On November 29, 2017, the Defendant: (a) intruded into the front of the 501 suspender of the 1st floor, which was opened in Kimhae-si G Lending on November 29, 2017; (b) then laid off the 501st floor door of the 1st floor, and then laid down the nacle 1, which was the victim H’s market price.

Although the prosecutor calculated this part of the facts charged as “influence on a structure,” it is reasonable to view that the part of the above G GG loan infringed by the defendant constitutes a residence, and since there is no impediment to the defendant’s exercise of his/her right to defense, the name of the crime is corrected as “influence on a house” without following

Summary of Evidence

[2018 Highest 1170]

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A protocol of seizure and a list of seizure [2018 high order 1594];

1. Statement by the defendant in court;

1. H’s written statement (before judgment);

1. A report on the results of inquiry, such as criminal history in 2018 high group or 1170 cases;

1. Application of three copies of the judgment of the 2018 High Court and Acts and subordinate statutes concerning the status of personal confinement;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 of the choice of punishment;

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