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(영문) 부산지방법원 동부지원 2017.09.14 2017고단1506

야간주거침입절도

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2017, the Defendant, “2017 Highest 1506, the Defendant, at around 01:20 on June 18, 2017, infringed upon the Victim C’s house located in Busan Southern-gu, Busan-gu, and then cut off with nine panty panty Chapter in the market value, which was the victim’s possession in the next dried stand.

On April 3, 2017, at around 01:35, the Defendant: (a) went into the office of the victim C located in Busan Southern-gu, Busan-gu; (b) and (c) intruded with the fence outside of the wall, and collected seven clothes of 50,000 or more than 60,000 the market price of the building stand, and collected 7 pantys owned by the victim, such as the Defendant’s panty, etc., into the bar of the victim C, which was located in the Nam-gu, Busan-gu, Busan-do.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence at night.

Summary of Evidence

"2017 Highest 1506"

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Investigative report (in relation to the details of the report, etc.), photographs of damaged objects, CCTV-fagings for committing a crime, investigation reports (Attachment toCCTV), CCTV image CD 1528;

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of internal investigation reports (a CCTV video recording in the course of committing a crime committed by a person suspected of being exposed), CCTV images and CCTV video-related Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances in which the sentencing is considered) of the suspended sentence is that the crime of this case was committed by intrusion upon the same office in two times at night, and theft of clothes for women, which is disadvantageous to the nature of the crime.

However, the defendant does not repeat the charges after recognizing the facts charged.

In light of the fact that the defendant is under criminal punishment prior to the instant case, the defendant is an initial criminal who has no record of criminal punishment prior to the instant case, the value of the damaged goods is not significant, and the defendant is sexually hosive.