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(영문) 창원지방법원 밀양지원 2016.01.28 2015고단431
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 3, 2015, the Defendant: (a) around 04:50 on August 3, 2015, at night, stolen structures; (b) opened a cafeteria operated by the victim D; and (c) intruded inside the cafeteria; and (d) used one computer body, monitor, one, and one kid, the total market value of which is one million won in the cafeteria owned by the victim; and (b) cut off by inserting it into a stuff.

2. On September 10, 2015, the Defendant: (a) around September 10, 2015, on September 10, 2015, 2015; (b) around 04:02:02, at a restaurant operated by the Victim F, the Defendant: (c) removed the unrectable toilet, removed it; and (d) intruded into the restaurant within the restaurant through the window; and (e) stolen cash owned by the victim, which was located in the depository.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Each internal investigation report and investigation report;

1. On-site reports on results of field identification and replies of the results of appraisal;

1. Application of each photograph, CCTV image-related Act and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] There is no person [the person who is subject to special sentencing] in the basic area (one to two years and six months] (the decision of sentencing] [the person who commits the instant crime without being aware of the past power of the Defendant even though there are several times, and the fact that the number of the instant crimes was poor and the number of the instant crimes was not agreed with the victims, etc. The sentence is imposed in consideration of the following: (a) the punishment is against one’s mistake; (b) the amount of thief damage, Defendant’s age, sexual behavior, family environment, etc. is considered.

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