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(영문) 창원지방법원 마산지원 2017.04.19 2016고단1162
야간건조물침입절도등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 9, 2016, around 02:30 on September 9, 2016, the Defendant: (a) destroyed the entrance door door door locked and intruded into the air conditioning room; and (b) stolen it with alcoholic beverages of KRW 21,00,00 at the market price owned by the victim who was kept in the air conditioning at night, using any cresh in the vicinity of the “E” operated by the victim D (W, 55 years old); and (c) stolen it.

2. On September 7, 2016, the Defendant damaged the property amounting to KRW 55,00,00 for repair costs, such as 55,00,00 won in glass of the entrance door owned by the victim by the Defendant, at around 16:0 on September 7, 2016, G (n.e., 72 years of age) operated by the mother G (n.e., g., the mother) located in Magpo-si F, Changwon-si, Changwon-si, Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, I, and J;

1. Written statements of D;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes related to a written estimate for damage;

1. Relevant Article 330 of the Criminal Act and Article 366 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense; and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with prison labor);

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) are against the fact that the defendant was detained for a considerable time and has been detained for the time of committing the crime, the victims do not want the punishment of the defendant, and the defendant's age, family environment, motive, means and consequence of the crime, etc. are considered and decided as per the disposition.

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