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(영문) 부산지방법원 동부지원 2016.07.07 2015고단1097 (1)

특수절도등

Text

A defendant shall be punished by imprisonment for six 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

1. Around 12:40 on June 8, 2015, the Defendant and B violated the Punishment of Violences, etc. Act (joint residential intrusion) entered the office in the interior of the victim D’s operation located in Busan Y-gu, Busan Y-gu, and entered the office after putting a stack not locking on the right side of the above office, and entered the office as ma, after opening a stack in the small cres of mas and opening a door, and entering the office inside the above office, and the Defendant opened the front door of the above office, and entered the office through the front door opened by B.

Accordingly, the defendant invadedd the victim's structure jointly with B.

2. A special thief Defendant and B came to the date, time, and place described in the above paragraph 1, B entered the above office under the circumstances as described in the above paragraph 1, and the Defendant waiting in the above office to view the network in the vicinity of the above office. The Defendant entered the above office, and had 20 tools, such as 7.40 Habama, the victim D's market price in the above office, which is 6.90,000 won.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. A protocol concerning the examination of the accused and B by each prosecutor of the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 331(2) and 331(1) of the Criminal Act (joint larceny) of the choice of punishment, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint residential intrusion, and choice of imprisonment with labor);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing as follows), the following circumstances are as follows, and the Defendant’s age, sex, circumstances, and background leading to each of the instant crimes, and the motive, means, and consequences leading to each of the instant crimes, and the circumstances before and after the commission of the crime.