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(영문) 창원지방법원 통영지원 2014.04.10 2014고단140
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant was sentenced to four months of imprisonment with prison labor due to larceny, etc. in the Changwon District Court’s territorial branch on October 30, 2013, and on February 26, 2014, the prison detention house completed the execution of the sentence.

On February 26, 2014, the Defendant was fluent to the “E in the operation of the Victim D” in Tong-si, Tong-si, and on March 1, 2014, on the part of 12:00, on the part of the Defendant: (a) opened an entrance door for the entrance of the entrance in which the supervision of the victim was not corrected; (b) intruded into the direction room; and (c) cut off the cash of KRW 50,00,00,000 (FE 6,000,000,000,000,000,000,000,000,000,000,)

Accordingly, the Defendant infringed on the room possessed by the victim, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (investigation, etc. of employee's statement);

1. A criminal suspect photograph;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching a result of the search of prisoners to a suspect), results of the search of prisoners, and a criminal investigation report (in cases of attaching a relevant judgment

1. Relevant Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of theft and the choice of imprisonment), the choice of punishment for a crime (the point of intrusion by room and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the sentence of sentence is inevitable in view of the following: (a) among concurrent crimes, the defendant has a number of criminal records for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; and (b) the defendant has committed another crime in this case since the execution of imprisonment was completed due to the same kind of crime.

However, considering the fact that the victim's damage is relatively minor and that the victim has agreed in full with the victim, that the defendant is against the defendant, and other various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive of the crime and circumstances after the crime, the punishment is determined as ordered.

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