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(영문) 창원지방법원 2017.05.17 2015고단2553 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On October 21, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny at the Changwon District Court on August 21, 201, and the judgment became final and conclusive on October 29, 2014.

On November 11, 2013, at around 15:30 on Kimhae-si, the Defendant and B intruded into a commercial building with a view to theft of tools, etc. inside the commercial building. The Defendant reported the neighboring network, and the Defendant reported the electric saw of the amount of KRW 300,000,000, the market price of KRW 150,000,000,000,000 won and KRW 240,000,000.

As a result, the defendant intrudes the commercial building, which is a building managed by the injured party, jointly with B, and the summary of evidence of the injured party's property.

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Written statements of D;

1. Previous convictions in judgment: Application of the text of judgment and the Acts and subordinate statutes governing detailed inquiries in cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 319(1), 30 (a) and 319(2), 331(2) and 331(1) of the Criminal Act concerning the choice of punishment (a point of special larceny) of the Criminal Act;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act);

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