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(영문) 부산지방법원 2020.09.16 2020고단2219

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 24, 2020, the defendant was sentenced to a suspended sentence of 2 years on September 1, 2020 to imprisonment with prison labor for night, intrusion of residence, larceny, etc. in the Western branch of the Busan District Court, and the above judgment was finalized on August 1, 2020.

1. On May 16, 2020, at around 02:55, the Defendant: (a) operated by the victim C in Jung-gu, Busan Metropolitan City on May 16, 2020; (b) opened a door and opened a door in the inside of the entrance by breaking up the door between the cresh of business completion; and (c) intruded into the door; and (d) took cash in the market value of the victim’s possession and theft; and

2. The Defendant, at around 23:44 May 17, 2020, intruded into the same place as the above paragraph (1) by the same method as the above paragraph (1) and took possession of cash in the market price and was in a paper bank and stolen it;

3. On May 18, 2020, around 01:43, at the same place as above 1: (a) intrusiond by the method as above 1; and (b) took possession of cash in the market value under the ownership of the said victim, which was located in a paper bank; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Each investigation report (the confirmation of any additional crime by a suspect);

1. Scenes of each on-site photograph and CCTV images taken;

1. Previous records before ruling: Application of criminal records, reference materials, (a copy of judgment, and list of related cases) and Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, there are circumstances under which the defendant should be placed a little preference for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, including the fact that the defendant is at the time of committing a crime, the intellectual disability 3, there is no place of residence or guardian, and there is no living difficulties due to the lack of his/her residence or guardian, and the equality in the case of being tried along with night-time intrusion and larceny, but the defendant continues to commit a similar type of crime without any awareness of a crime for a long time.