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(영문) 부산지방법원 동부지원 2012.06.28 2011고단1895

야간방실침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On January 8, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. from the Youngju District Court’s Youngdong Branch on January 8, 2009 and completed the execution of the sentence on October 5, 2009.

【Criminal Facts】

1. At night, the Defendant: (a) around 01:00 on June 6, 2010, the victim C in Busan Shipping Daegu, Busan, was aware that the victim C was able to sleep in the room; (b) opened and intruded by the victim at night, with the knowledge that the victim was able to sleep in the room; and (c) cut off the room with the victim’s cash holding KRW 120,000,000 in the market price, which is 20,000 in the market price.

2. On September 17, 2010, the Defendant: (a) stolen the key to the clothes set forth in the victim F of the victim’s clothes at the Busan Trup, Daegu Erup, Busan, on September 17, 2010, and stolen the victim’s cell phone 139,000 won in cash (on a market price of 980,000 won); (b) one copy of the Nog mobile phone 139,000 won in cash; (c) one driver’s license; and (d) one copy of the EL, one copy of the resident registration certificate.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

2. Each police statement made to F and C;

3. Police seizure records;

4. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement.

1. Article 330 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “former Criminal Act”); Article 329 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 201; hereinafter “former Criminal Act”); Article 329 of the former Criminal Act (amended by Act No. 1020

2. Article 35 of the former Criminal Act among repeated crimes;

3. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the former Criminal Act.