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(영문) 창원지방법원 통영지원 2013.09.24 2013고단593
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

On June 18, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. in the Changwon District Court Tongwon District Court’s territorial branch. The above judgment became final and conclusive on September 13, 2013.

On March 26, 2013, the Defendant: (a) around 02:50 on March 26, 2013, at the Esing point of the Victim D’s Operation in Jinsung-gun; (b) the employees F of the said main shop completed a bar business, and went into the main shop by using the gaps in which cleaning was neglected and surveillance was neglected.

The defendant dices a total of 30,000 won per 12,00 won per 12,000 Won per 12,000 Won per 150,000 Won per 12,000 Won per 12,000 per 150,000 won per market and 2,000 won per 1,00 won per 2,00 won per market.

Accordingly, the defendant invadedd another person's structure at night and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and case search results;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes shall be considered as the reason for sentencing unfavorable to the defendant, even though he/she had the record of being sentenced to suspended sentence due to special larceny.

However, the decision that the victim does not want the punishment of the defendant, and the crime of special larceny, damage to property, which has become final and conclusive by imprisonment for 6 months, and the relation between the latter part of Article 37 and the concurrent crime of Article 37 of the Criminal Code, and the defendant's violation of depth, shall

Other grounds for sentencing, such as the age and family relations of the defendant, shall be determined in the same manner as the disposition.

(In the case of this case, the sentencing criteria shall not apply since they are concurrent crimes in the latter part of Article 37 of the Criminal Code).

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