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(영문) 창원지방법원 2016.09.28 2016고단902
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six 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

On March 23, 2016, the Defendant: around 01:35, the victim C’s ‘D cafeteria’ operated by Changwon-si, Changwon-si; the victim completed his/her business; removed the correction device of the main entrance, and intruded the restaurant within the restaurant after using the iron; then, at least 3,000 won of the victim’s market price stored in the air conditioners at the same time; Pepsisisi (50ml) 2 C, the market price of which is equivalent to KRW 3,00,00 of KRW 1,00,00, KRW 1,000, KRW 20,000, KRW 20,000, KRW 30,000, KRW 10,000, KRW 20,000, KRW 20,000, KRW 5,000, KRW 20,000, KRW 16,50,00, more than 20,00.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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. As to the larceny of intrusion upon structures at night on the grounds of the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the scope of the final sentence due to the aggravation of multiple offenses (type 4) in the area of special mitigation [the scope of recommendation] (4 months to 1 year and 6 months), in the area of special mitigation (the special mitigation) for the larceny of general property] / (4 months to 1 year and 1 year and 6 months), in the case of intrusion upon any place other than indoor residential space, the scope of the final sentence due to the aggravation of multiple offenses: April to 2 years [the decision of sentencing] as follows, and the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the Disposition

Unfavorable circumstances: The total amount of damage is a small amount of fine, in addition to the one-time fine.

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