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(영문) 창원지방법원 2018.01.09 2017고단3760
야간주거침입절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. On September 1, 2016, the Defendant: (a) laid down a white TRIZ bicycle on the market price owned by the victim, the name of which cannot be known at the office of the G bicycle club located in Seongdong-gu, Sungwon-si; (b) on September 1, 2016, and stolen it.

B. On March 2017, around 16:30, the Defendant: (a) committed a theft by carrying one of the Defendant’s non-merchants fluorous JUTIN bicycle on his/her own car, on which the market value owned by the victim, who was unable to know his/her name before the Special Hospital for the Aged of the Colonel-gun, Gyeongnam-gun, who was located in the Gyeongnam-gun’s C

(c)

On September 16, 2017, at around 20:00, the Defendant cut the locks using 371 prudent MERDA bicycle 1, the market price of the victim D, which is equivalent to KRW 300,000,00,000, at the window hold of the window in Changwon-si, Changwon-si, the Defendant cut off the locks using the crupter prepared in advance by the victim D’s market price.

2. On September 17, 2017, around 05:58, the Defendant: (a) entered the counter E-Attachment 102, 503, a window in Changwon-si; (b) cut off the locks using a gate prepared in advance to the victim F, the market price of which is equivalent to one million won by the victim F, and cut off the locks by using a gate in front of the victim F, who was in possession of the victim’s 100,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Each internal investigation report (No. 12,16 No. 5 of the evidence list), investigation report (No. 34 of the evidence list);

1. Each protocol of seizure and the list of seizure;

1. The 112 reported case settlement table, respectively;

1. Calculation of the time of sunrise and sunset, and the application of Acts and subordinate statutes governing the scene photographs of damaged articles;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief for intrusion at night) and Article 329 of the Criminal Act (a thief for intrusion upon residence and choice of imprisonment with prison labor);

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. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are as follows, and the age, sex, environment of the defendant.

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