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(영문) 수원지방법원 여주지원 2016.11.29 2016고단1127
야간건조물침입절도
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court and 2 years of suspended execution, and the judgment became final and conclusive on October 3 of the same year.

【Criminal Facts】

At around 01:00 on October 2, 201, the Defendant intruded into “E” operated by the victims D of the Dong-gu Gwangju Metropolitan City, Gwangju, through a window without locking, and subsequently stolen KRW 60,000 in cash located in the erogate at the erogate.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written appraisal;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

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

1. In light of the following: (a) the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that both concurrent crimes and the exemption of punishment are committed; (b) the amount of damage is relatively small and economic difficulties; (c) intrusion upon places other than indoor residential space; and (d) the first head of the crime committed simultaneously with the instant crime, even if the judgment was rendered at the same time, it would have been deemed that the Defendant did not sentence more severe punishment than the existing one, even if the first head of the crime was determined at the same time.

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