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(영문) 부산지방법원 동부지원 2016.03.16 2015고단2415

야간주거침입절도등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Larceny;

A. On November 2014, at around 21:30, the Defendant: (a) committed a theft of at least 21:30,000 won in cash, which is the victim’s possession, kept in the second beauty room of the second beauty room by the same employee, while serving as an employee; (b) around May 21, 2015, the Defendant brought about KRW 2,450,000 from the second floor of the C Beauty room located in Suwon-gu, Busan; (b) around 21:30, the Defendant attempted to commit a theft of night intrusion around May 20, 2015, the Defendant attempted to commit a theft of KRW 169,00 in the market price of the victim D, which is the victim’s ownership, from the second floor of the C Beauty room located in Suwon-gu, Busan; and (c) did not intend to commit an intrusion into the victim’s beauty room on May 20, 2015.

3. At night, around 01:00 on October 22, 2015, the Defendant: (a) infringed upon a victim E’s residence; (b) committed a theft of KRW 980,00,00 in cash, which is the victim’s possession, while being kept in custody, using a security card and key that the victim was in custody, around the laundry machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made with respect to E, F, and D;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Relevant Articles 330, 342, 330, and 329 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., that the victims have been agreed upon and the accused has recognized their mistakes);