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(영문) 창원지방법원 2015.08.26 2015고단1761
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 29, 2014, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Changwon District Court on August 29, 201, and on March 5, 2015, the prison detention house completed the execution of the sentence.

【Criminal Facts】

1. The crime on April 13, 2015;

A. On April 13, 2015, around 17:30 on April 13, 2015, the Defendant entering a structure, entering the Edic Association administered by the victim D in Kimhae-si, which was not corrected, with the intention to steals, and invaded the structure managed by the victim.

B. The Defendant: (a) on the first underground floor of the above Escopary Escopary Escopary, 1 bicycle 1,50,000 won at the market price owned by the victim D; (b) approximately 50,000 won at the market price; and (c) stolen the victim’s property with approximately 30,000 won at the market price;

2. The crime on June 21, 2015;

A. On June 21, 2015, at around 09:20, the Defendant entering a structure, which was operated by the victim medical corporation, which was located 20 roads from the Kimhae-si, Kimhae-si, and stolen property, and opened a window that was not corrected rear from the original body of the first floor and intrudes on the structure managed by the victim.

B. At the first floor of the Geum River Hospital, the Defendant: (a) had one credit cooperative owned by the victim medical corporation located on his/her book, which contains a sum of 20,000 won per annum; and (b) stolen the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Police seizure records;

1. Investigation report (CCTV verification and confirmation of damaged goods);

1. Previous records of judgment: Investigation reports ( Results of search of prisoners and attachment of judgment), criminal records, and application of Acts and subordinate statutes;

1. Relevant Articles 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are applicable to general property (the scope of recommending punishment) and Article 1 and 2 of the Criminal Act.

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