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(영문) 창원지방법원 2017.10.18 2017고단2181
야간건조물침입절도
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 became final and conclusive.

Reasons

Criminal facts

On September 30, 2016, around 22:22, the Defendant: (a) at the D Joint Market managed by the Agricultural Technology Center Agricultural Products Wholesale Market Management Division in Changwon-si, Changwon-si; (b) at the D Joint Market, with the intent of cutting down sand position or earth and sand to be used in the Defendant’s car page sold in the Defendant’s car page by using the cresh in which each of the above Joint Market was finished his business; and (c) intruded into the said Joint Market with the intent of gaining a theft of 12,00 won of the market price owned by the victim F, each of the above Wholesale Market E, from around that time to February 20, 2017, the Defendant cut off 150,000 won of the victim F’s market price at KRW 12,00,00, as indicated in the attached list of crimes. The summary of evidence was stolen.

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G, F and H

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. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) include the following: (a) the Defendant, as the first offender, has been pened and reflected in depth; (b) there are some circumstances that may be taken into account the motive and circumstances leading to each of the instant crimes; (c) the Defendant, as the victims and the consequences of each of the instant crimes; and (d) other conditions of various sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime; (d) the Defendant’s age, sexual behavior, intelligence and environment; and (e) the sentencing criteria of the Supreme Court’s sentencing committee

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