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(영문) 부산지방법원서부지원 2020.09.18 2020고단1174

야간건조물침입절도

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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 3, 2020, the Defendant was sentenced to a suspended sentence of seven months for larceny at the Busan District Court, and the judgment became final and conclusive on July 11, 2020.

【Criminal Facts】

The Defendant, who works as an employee in the DNA operated by the victim C in Kimhae-si, was trying to steal goods stored in the Emb in other cret that does not work at any time during his vacations.

On January 26, 2020, at around 18:25, the Defendant intruded into a tent with an entrance not corrected in the said DNA, and loaded 2 network of 198,000 won at the market price owned by the victim in a tent, food milk 4, 2-day, 2-day, and 1-day liner in advance, on the Defendant’s vehicle equipped with one string in a tent.

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

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Statement to C by the police;

1. Confirmation of sunset hours and reporting, and confirmation of sunset hours on portal sites E;

1. Previous records: Application of criminal records, investigation reports (including judgments attached thereto while on trial), one copy of the assistance meeting to agreement of cases (No. 2020No. 1060), one copy of the judgment (No. 2020No1060) (No. 2020No1060) to the judgment;

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Even though the defendant was tried by committing a criminal act with regard to the previous conviction in Article 62(1) of the Criminal Code, the criminal liability for the crime is not somewhat weak in that he/she was tried by another crime.

However, the criminal defendant recognized the crime of this case and divided his mistake, and the victim sought the wife of the defendant by mutual consent with the victim, and the crime of this case is in the relation of larceny with the crime of latter concurrent crimes of Article 37 of the Criminal Act, which has become final and conclusive, and should take into account the case of concurrent judgment and equity.