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(영문) 창원지방법원 2018.04.06 2018고단59
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant, from August 10, 201 to February 2, 201 of the same month, entered the entrance door, which was located in the window B from Changwon-si from around August 10, 2017, to the private road department No. C 11 to 416, and did not correct, and subsequently, cut off the victim’s right to the object No. 73, the market price of which was kept in custody at the victim’s 600,000 won.

2. On December 13, 2017, from around 03:00 to 04:00, the Defendant: (a) opened a corrected door and intruded into the instant 111th floor of the 1st floor of the Sub-Section C C 21; and (b) cut down the cash, which was kept in custody of the victim E in the west on the west of the office that was not corrected by the victim E; and (c) cut down KRW 500,000.

3. On December 18, 2017, the Defendant invadedd a structure with the first floor to the third floor through the entrance, which was not corrected for the purpose of resolving board and lodging, in the pipes managed by the Victim F, around 21:30 on December 18, 2017. The summary of the evidence was intruded.

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of D and E;

1. Each investigation report (to attach screen pictures and photographs of seized articles on the face of a crime);

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects punishment (a point of Section 1, a choice of imprisonment), Article 319 (1) of the Criminal Act (a point of intrusion upon each building and choice of imprisonment), Article 330 of the Criminal Act (a point of larceny of intrusion upon night buildings);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Sentencing [Scope of Recommendation] The mitigated area of the theft against general property (the imprisonment of April-1 and June) (the imprisonment of April-1) (the special sentencing factor), the livelihood-type crime (the mitigated factor), the intrusion upon a place other than indoor residential space (the mitigated factor), and the punishment non-influence factor (the sentencing factor) (the sentencing criteria for multiple crimes) is the scope of the sentence for larceny of intrusion upon structures at night.

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