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(영문) 부산지방법원 2014.12.22 2014고단7964

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2014, around 23:20 on August 16, 2014, the Defendant: (a) went into the house through a gate opened in Busan Jin-gu, Busan; (b) and (c) went into a titius with a single 20,000 won or more at the market price of the victim’s ownership; and (d) cut into a titius with a single titts equivalent to 10,000 won or more at the market price of the victim’s ownership.

2. At night, around 05:08 on August 24, 2014, the Defendant: (a) intruded into the house house through a gate opened at the victim C’s house, such as the statement in paragraph (1); (b) went back to the house house; and (c) did not have any clothes for women, but did not carry out an attempted crime, even though the Defendant did not have any clothes for women.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to reports on the occurrence of theft, CCTV photographs, records of seizure, and pictures of friendly acids;

1. Relevant laws concerning criminal facts: Article 330 of the Criminal Act (a point of night-time larceny), Articles 342 and 330 of the Criminal Act (a point of night-time larceny) and imprisonment with prison labor;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant agreed with the victim; (b) the Defendant is against the victim; and (c) the Defendant has no other criminal records other than the Defendant’s one fine; and (d) the details of the instant crime; (b) the Defendant’s age; (c) character and conduct; and (d) the various conditions of sentencing specified in