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(영문) 부산지방법원 2013.08.29 2012고단5867

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2012 Highest 5867] On May 27, 2012, at around 00:00 to 00:04, the Defendant: (a) committed a theft by putting about approximately KRW 392,00, which is the victim’s possession, into 40 kms prepared in advance, approximately KRW 392,00,000, which is the victim’s possession.

[2012 Highest 6539]

1. On August 1, 2012, at around 03:27, the Defendant, at the construction site located in Busan Sho-gu F, took a theft of an Aluminium bridge equivalent to KRW 9,800, the market price of the victim G owned by the Defendant.

2. On August 1, 2012, at around 04:00, the Defendant: (a) took 35,200 franchis worth of KRW 35,200 in the market price, which was located adjacent to the victim G located adjacent to the Plaintiff’s G located adjacent to the Busan Seo-gu, Busan; and (b) stolen this.

[2012 Highest 6736] On July 23, 2012, the Defendant stolen a smartphone owned by the victim by raising the amount equivalent to KRW 976,00 of the market value of one smartphone on the part of the victim L, and by using the gaps between toilets, the Defendant stolen the smartphone owned by the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement of the police concerning L;

1. Each statement of D and G;

1. Police seizure records;

1. Each receipt; and

1. Photographs (CCTV screen, etc.);

1. Application of Acts and subordinate statutes to investigation reports (CCTV data, etc.);

1. Larcenys against criminal facts by relevant legal provisions and night structures: Article 330 of the Criminal Act: Article 329 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which increases concurrent crimes;