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(영문) 창원지방법원 통영지원 2016.07.07 2016고단702
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Records] On August 30, 2012, the Defendant was sentenced to imprisonment with prison labor for night-time structure intrusion larceny at the Ulsan District Court, and completed the execution of the sentence at a detention house on May 20, 2013.

[Criminal facts]

1. On May 20, 2016, the Defendant: (a) entered the Victim D Operation E, which was located in Sinyoung-si around 00:30 on May 20, 2016; (b) brought 25 kilograms of the Red Sea B, with the market price of KRW 1.5 million in Sinyoung-si.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On May 27, 2016, the Defendant violated the Resident Registration Act: (a) the Defendant was urgently arrested a slopeF belonging to the Tong-young Police Station under the charge of the preceding port in the vicinity of Tong-si, Tong-si on the charge of the preceding port; (b) and (c) the said police officer was in peace to ask his personal information.

G Resident registration number (H) was known as one of his resident registration numbers.

In this respect, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records;

1. Investigation report (verification and analysis of CCTVs at the scene of damage);

1. Previous records: Inquiry into criminal records, report on investigation (Attachment of the previous decisions attached thereto), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions and Article 330 of the Criminal Act (a thief for intrusion upon a structure at night) concerning facts constituting an offense, and Article 37 Subparag. 10 of the Resident Registration Act (a thief for unlawful use of resident registration numbers and choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravation of repeated crimes (as to larceny of intrusion upon a structure at night);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

(a) A Class 1 crime (the scope of punishment for larceny) / [the scope of punishment ] thief for general property which intrudes upon places other than indoor residential space (the special mitigation / one year to six months) (the special mitigation / one year to six months), and a like repeated crime which does not fall under the category of punishment / special punishment / special punishment /

(b) One crime (violation of the Resident Registration Act): No sentencing criteria are set;

(c) majority of the crimes;

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