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(영문) 부산지방법원 2013.05.07 2012고단8833

야간건조물침입절도

Text

In the case of the crimes set forth in the judgment of the defendant, a fine of KRW 3,00,00 shall be imposed and sentenced to 10 months shall be sentenced to imprisonment for the crimes set forth in the judgment.

Reasons

Punishment of the crime

On July 21, 2011, the Defendant was sentenced to imprisonment with prison labor for one year in the Busan District Court due to night-time intrusion, larceny, etc., and the judgment became final and conclusive on July 29, 201.

Defendant,

A. On February 4, 201, at around 10:00, the victim D in Busan Jin-gu, Busan, entered into a plan to go beyond the fence on the e-mail used as a residential area and an office, and then put about KRW 100,000 per annum into the e-mail at a simple credit cooperative on the e-mail, which was located on the e-mail;

B. On June 28, 2012, around 02:00, the victim G in Busan Dong-gu, opened a locked door and intrudes into the body of the victim G in Busan Dong-gu, by opening up a locked door, and then bring about nine sporessing nine spores in the market value of the victim located in the west area, and one spores in salted fish.

C. On August 14, 2012, around 05:06, around 05:06, a person opened and entered the I coffee specialty store located in Busan J and then stolen cash of KRW 330,000, which was owned by the victim J in the Ka Roter U.S. at that place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or G;

1. Written Statement;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant Article 330 of the Criminal Act, Articles 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of fines) of the Criminal Act concerning the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of larceny and intrusion upon residence and the crime of larceny, at night, intrusion upon residence, larceny, etc. for which judgment has become final and conclusive

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;