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(영문) 창원지방법원 2015.09.10 2015고단2001
야간건조물침입절도
Text

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

Reasons

Criminal facts

On July 15, 2011, the Defendant sentenced the Seoul Northern District Court to imprisonment for a maximum of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. and a short of one year and six months for a short term on February 22, 2013, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory.

Around 02:00 on February 25, 2015, the Defendant got to the Diplomatic Association located in Seongbuk-gu, Changwon-si, Changwon-si, with an intention to steal cash by going up and unreshing the victim church E, and opened an entrance without correction, and intrudes on the inside, the cash amount of 60,000 won that was donated to the third floor of the 3rd floor, and then damaged by extinguishing the entrance door of the 1st floor office, and by entering the office, 50,000 won of cash located in the West-gu, Changwon-si, Changwon-si, and brought up the total amount of 5,000 won managed by the victim, and 560,000 won of cash.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Investigation report (Attachment of On-site CCTV photographs);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (report on the confirmation of repeated crimes of suspects);

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

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : The reason for sentencing of Article 35 of the Criminal Act for general property - Where the mitigation area (eight to one year and six months) (Special Mitigation) (Special Mitigation) / Where a person intrudes into a place other than an indoor residential space (type 4) / Basic matters - Basic matters - The details and method of the crime, damage amount, etc. - Unfavorable circumstances: A favorable circumstances such as the fact that the person was committed during the period of repeated crime due to the same kind of crime - A favorable circumstances such as the fact that the person was committed during the period of repeated crime due to the same kind of crime : A confession and reflect (decision on the sentence)

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