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(영문) 부산지방법원 동부지원 2016.03.09 2016고단51

절도등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Chapter 2, USD 5 (U.S. dollars) and Chapter 10 (U.S. dollars) confiscated.

Reasons

Punishment of the crime

[Criminal record] On October 4, 2010, the Defendant was sentenced to imprisonment with prison labor and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on the Aggravated Punishment, etc. of Specific Crimes.

[Criminal facts]

1. Attempted theft and intrusion upon residence;

A. On October 19, 2015, the Defendant committed a crime on October 19, 2015: (a) around 16:40 on October 19, 2015, in the victim D’s house located in Busan Shipping Daegu C, and did not locked the intent of theft; (b) on the other hand, the Defendant obstructed the Defendant’s property to be stolen by intrusion upon the living room through the Vietnameda window, which was not locked, but did not bring about an attempted attempt.

B. On December 22, 2015, the Defendant committed a crime on December 22, 2015, on the part of the Defendant: (a) around 14:10 on December 22, 2015, on the part of the Victim F, located in Busan Shipping Daegu E, and did not locked with the intent of thefting money and valuables from the toilet window to the living room; (b) but (c) on the part of the victim, the Defendant did not commit an attempted crime without having the intent of thefting, as the victim was discovered.

2. On December 2, 2015, the Defendant: (a) invadedd the dwelling space on the first floor of the victim’s name in Busan, Busan, Daegu, and Daegu, by using the toilet window, which was not opened at the risk of theft; and (b) stolen the property worth KRW 61,398 in total, including USD 20, USD 5, USD 1, USD 5, USD 10, and USD 5, KRW 10, KRW 398, and KRW 61,398, KRW 61,398, which was owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 329, 342, 329, and 319 (1) 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. Reasons for sentencing of Article 333(1) of the Restitution of Criminal Procedure Act [the scope of recommendations] 4 types of theft in general property (influence from August to June) (influence from January to June) mitigation area (influence from August to June).