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(영문) 창원지방법원 2017.04.12 2017노264
상습야간건조물침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

The defendant's grounds for appeal are examined as ex officio prior to the judgment on the reasons for appeal.

In the first instance trial, the prosecutor filed an application for permission to modify the indictment to add "thief on September 15, 2016" to "thief on September 15, 2016," which is acknowledged under the facts charged against the defendant, and this court permitted this and the judgment of the court below is changed

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument, and the judgment of the court below is reversed, and it is so decided as follows.

[Reasons for the judgment to be used again] A criminal defendant who committed a crime was sentenced to two years of imprisonment by the Changwon District Court on September 10, 2015 with prison labor for habitual night building intrusion larceny, and on March 18, 2016, with three times of criminal punishment for larceny-related crimes, such as termination of the execution of the above punishment on March 18, 2016, and with three times of juvenile protective dispositions.

On September 6, 2016, at around 03:35, the Defendant: (a) intruded inside a restaurant by the victim D in Changwon-si Mapo-si C, Changwon-si, Mapo-si through an unreshless back door, and stolen the cash, which is 450,000 won, owned by the Defendant and the victim in the cash storage box.

On September 15, 2016, at around 20:53, the Defendant: (a) opened a main window on the part of the victim L, which was not corrected in the cafeteria operated by the victim L, Masan-si, Changwon-si; and (b) intruded into the restaurant inside the restaurant, and (c) stolen it by holding 594,700 won in cash, which is the victim’s possession in the cafeteria-si, the treasury for calculating the place.

As seen above, the Defendant habitually intruded the structure at night, thereby thefting the victims’ property.

Summary of Evidence

The summary of the evidence admitted by this Court is that the defendant's "court statement" of the second half of the judgment of the court below was examined and examined.

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