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(영문) 창원지방법원 2016.08.10 2016고단1060
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 shall be forfeited from the accused.

. The applicant.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny in the Changwon District Court Msan Branch, and was released on November 30, 2015 during the execution of the sentence in the Changwon Prison on parole on January 15, 2016.

1. A defendant who attempted to larceny and larceny from around March 3, 2016

3.5. From the 10:00 to the 10:00, there was a parking lot located in 15-4, 24 Do-ro 15-4 (Slow-dong) in the 34th Do-ro, Kimhae-si.

D Finding a set-off car, and opening a door by inserting it into the top door hole of the above car by inserting it, and putting two 10,000 won per day owned by the victim E in the front of the above car’s sunlight, from March 31, 2016, from then to March 31, 2016, the Plaintiff stolen or attempted property worth totaling KRW 989,000, total market price of 11 times, such as the list of crimes in the annexed list.

2. At night, on March 2016, the Defendant: (a) opened a gate that was not corrected at the victim G located in Kimhae-si F around the beginning of the new wall; and (b) intruded into the victim’s house at night; and (c) boarded and stolen a single lef FT300 bicycle with a market price equivalent to KRW 90,000 at the victim’s possession that was set up and set up at that gate.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of victims entered in the list of crimes in the attached Form or a statement made to such victims;

1. Police seizure records;

1. On-site photographs of damaged vehicles;

1. Each report on investigation;

1. Previous convictions: Inquiry into criminal history, reporting on investigation (verification of repeated crimes), identification of individual persons, current status of confinement and application of Acts and subordinate statutes of Part I of the judgment;

1. Relevant provisions of the Criminal Act concerning criminal facts (a point of Section 329, choice of imprisonment), Articles 342, 329 (a point of attempted larceny, choice of imprisonment), and 330 (a point of larceny at night) of the Criminal Act;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Matters concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

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