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(영문) 창원지방법원 마산지원 2013.03.13 2013고단82
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

On May 3, 2010, the Defendant was sentenced to one year and six months to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Jinwon District Court's Jinju branch on May 3, 201, and on September 27, 2011, on September 27, 2011, the thief was 4 times in total.

Criminal Facts Act

1. On August 1, 2012, the Defendant: (a) 05:22 on August 1, 2012, 205: (b) had invaded into the C Hospital located in Changwon Masan Member B; and (c) had a view to having stolen money and valuables by using another person’s bank or walling and exposing it into the hospital.

The Defendant entered the above hospital in order to steals money and valuables at the time, intruded the waiting room of the sick room, and stolen them by putting them off, 20,000 won in cash owned by the victim D (year 46), 5 points card, and 1 copy of Chinese airline ticket in the name of China equivalent to 390,000 won in the market price, 1 copy of the 3.90,000 won, E, 2 passbook in the Gyeongnam Bank, 2 passbook in the name of the Agricultural Bank, F, and 1 copy of Chinese identification card.

2. On October 20, 2012, the Defendant: (a) around 01:10 on October 20, 2012, at the H Hospital’s office located in Changwon-si G, Changwon-si; (b) at the H Hospital’s office, the Defendant made a draft of the illness of the person hospitalized in the said hospital; and (c) passed ahead of the first floor’s office; and (d) passed ahead of the first floor office; and (d) taken a thief to steals the goods

The Defendant: (a) entered the foregoing temporary task division; and (b) removed from the office of the head of the office of the said department, and then cut off the “Eradicals Net” tobacco 2 A (5,00 won at a market price).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of I;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of repeated crimes);

1. Articles 330 and 329 of the Criminal Act applicable to the crime;

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

1. The defendant among concurrent crimes is guilty of sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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