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(영문) 부산지방법원 2017.02.09 2016고단7716

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2016, at around 02:50, the Defendant: (a) stated in the indictment of a victim’s name in the cooling box located in the public box after a restaurant located in Busan Jung-gu, Busan on October 22, 2016; (b) however, according to the investigation report (specific in the place where the Defendant committed the crime), the Defendant was the victim, and (c) recognized that the Defendant was the victim’s possession of the C cafeteria operator; and (d) changed the victim as above, that does not interfere with the Defendant’s exercise of right to defense, the victim is corrected as above.

It is a death equivalent to 12,000 won in the market value owned by the owner.

4 Sick 4 Sick

2. On October 22, 2016, the Defendant: (a) was placed in the G cafeteria operated by the Victim F in Busan Jung-gu around 03:00 on October 22, 2016; (b) opened the back door of an unrecepted restaurant; and (c) brought about to the G cafeteria located in the air conditioners at KRW 4,500, the market price of which is equivalent to KRW 3,000, KRW 3,500, KRW 3,250, KRW 2,600, KRW 3,250, the market price of which is equivalent to KRW 3,250, KRW 3,00, KRW 4, market price of the can, and KRW 3,00,00, KRW 3,000, market price of Busan-gu and KRW 25,350,00.

Accordingly, the defendant invadedd a structure at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Protocols of seizure (voluntary submission), list of seizure, and photographs of damaged articles;

1. Application of Acts and subordinate statutes to report on investigation (specific place for committing a crime);

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the nature of each of the crimes of this case is not good.

However, the value of stolen goods is 37,350 won in total, and one defendant is guilty of any contingent crime under the influence of alcohol.