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(영문) 부산지방법원 동부지원 2015.09.23 2015고단1316

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 2015, the Defendant: (a) opened and intruded a entrance in a trial room managed by the victim E in Busan Metropolitan City Shipping Daegu C; and (b) opened a safe that was not corrected by means of any gaps in the surveillance negligence of the victim; and (c) cut off two million won in cash owned by the victim.

2. On April 2015, the Defendant opened a entrance at the same place as indicated in the foregoing paragraph (1) and intruded into the residence of the victim, and opened a safe without correction by using any gaps in the surveillance of the victim, and cut off the cash of KRW 2 million owned by the victim.

3. Around 12:00 on May 20, 2015, the Defendant opened a entrance at the same place as indicated in the foregoing paragraph (1) and intruded into the victim’s residence, and opened a safe that was not corrected by any gaps in the victim’s surveillance negligence, and cut off the cash of KRW 1.7 million on the part of the victim.

4. On August 9, 2015, the Defendant: (a) opened a entrance at the same place as indicated in the foregoing paragraph (1) at around 11:20, and intruded into the victim’s residence; and (b) attempted to steal cash owned by the victim in a safe by using gaps in the surveillance of the victim; (c) however, the Defendant did not commit an attempted crime because the safe entrance in which the credit cooperative is located was locked.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant legal provisions concerning facts constituting an offense, Articles 329, 342, and 319 (1) of the Criminal Act which choose a penalty, and Articles 329, 342, and 319 (1) of the Criminal Act, and choice of imprisonment;

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