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(영문) 부산지방법원 2016.07.21 2016고단2898

특수절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On May 16, 2016, around 22:30 on May 16, 2016, the Defendant opened the door door of “F” under subparagraph 3 of the same Article as the key to the Victim D’s Operation, and intruded into the door, thereby thefting KRW 290,000 in cash owned by the said Victim.

B. On May 23, 2016, around 23:40 on May 23, 2016, the Defendant: (a) entered the inside through the window of the public toilet window for the above E On-site area; (b) intruded into the “H” under subparagraph 8 of the victim’s G management room; (c) removed the Western lock, and stolen KRW 65,000 in cash owned by the said victim.

2. Special larceny Defendant around 22:40 on May 21, 2016

1. The 60,000 won in cash owned by the victim was stolen after the breaking the lock by affixing the upper part of the entrance with the stone at the location described in the paragraph with the stone attached, and then exposing the locking device inside the entrance;

3. Attempted larceny of intrusion upon a structure at night;

A. On May 23, 2016, the Defendant’s ranked around 23:13:

1. Intrusion into the inside of the place mentioned in paragraph (1), and subsequently attempted because the said victim did not find any key to theft of property owned by the said victim.

B. The Defendant’s rank 23:40 on the same day

1. A person who intrudes into a room in the same manner as described in B/L, and subsequently attempted to steal the property owned by the said victim from the “JJ”, the same as the one in which the victim I operated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, and I;

1. Each investigation report (applicable 7, 9, 15, 17, 21) Act and subordinate statutes at a net time;

1. Article 330 of the Criminal Act, Article 331 (1) of the Criminal Act, Articles 342 and 330 of the Criminal Act concerning the crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] Class 4 of the Act on the thief for general property (in the case of special mitigation (aggravating) [the person in special mitigation)] in the mitigated area (from August to one year and six months) / In the case of intrusion into a place other than an indoor residential space (the type (4) / In the case of carrying a deadly weapon, or in the case of intrusion into a residence or at night-time damaged structure (the type (4).