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(영문) 창원지방법원 2017.12.13 2017고단3309
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 21, 2015, the Defendant was sentenced to two months in prison at the Changwon District Court for larceny of a structure intrusiond at night, and completed the execution of the sentence on December 20, 2015.

[Criminal Facts]

1. On March 12, 2017, the Defendant committed the crime at around 20:30 on March 12, 2017, at the “E” factory operated by the victim D in Kimhae-si, Kim Jong-si, around 20:30 on March 12, 2017, and the Defendant intrudes into a crepan in a part of the above factory building due to a fire, and intrudes into another cre in a crepan, and thereby, 1,70,000,000,000 won at the market price of the victim’s ownership.

One cuter, one mountain cuter equivalent to the market value of 80,000 won, one holder equivalent to the market value of 150,000 won, two reserve positions equivalent to the market value of 2,40,000 won, and 50,000 won for the market value of 1,50,000 won, and 4,322,00 won for the Fpoter's cargo owned by the defendant.

2. On March 17, 2017, the Defendant: (a) invaded upon the location and inside of the places set forth in paragraph (1) around 20:55 on March 17, 2017; and (b) stolen two 3,200,000 won in total at the market price of the victim’s possession, which was the victim’s possession; and (c) stolen on the F Poter freight owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement;

1. On-site photographs, closure photographs of each CCTV screen, and photographs;

1. Previous convictions in judgment: A criminal investigation report (verification of the same criminal records as the suspect), a response to inquiries, such as criminal history (A), and the application of Acts and subordinate statutes on personal confinement

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. A crime of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 4 of the Act on the Larceny of General Property (the scope of punishment], where a person intrudes into a place other than an indoor residential space (the special mitigation to one year or one year and six months) (the special mitigation to one), and Article 2 of the same repeated crime not falling under the aggravated punishment (the scope of punishment to be recommended] of general property.

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