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(영문) 창원지방법원 2017.01.12 2016고단4130
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

[Criminal Records] On April 27, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Changwon District Court Jinwon Branch on April 27, 2016; the same year

8. 13. Special amnestys (peach of the remaining amnestys) released from the Jinju prison upon exemption from the enforcement of the sentence.

[2] On November 24, 2016, at around 22:45, the Defendant: (a) opened a correction device by putting the Gu office in the entrance gate and intrudes into the door; and (b) cut off with 1,560,000 won in cash in the Kabro Kabro credit cooperative; and (c) stolen with 1,560,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (the sequence 3 to 7 of the evidence list);

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason 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 [Article 35] is the mitigated area (Article 4 of August to January 6) (Special Mitigation) [Special Mitigation] / The sentence is not imposed for the same repeated crime not falling under the aggravation of specific crimes (decision of sentence] below, taking into account the circumstances that form the conditions for the sentencing indicated in the records of this case, such as the following circumstances and the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc.

A disadvantageous circumstances: The defendant has received a juvenile protective disposition several times due to larceny, and the defendant has committed the crime of this case at the same time during the period of repeated crime due to the same crime: The confession of the defendant, the defendant is still 20 years old, and the defendant does not punish the defendant by agreement with the victim.

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