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(영문) 부산지방법원 2015.10.15 2015고단4497

절도등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on May 20, 2015, the Defendant: (a) in the state of having weak ability to discern things or make decisions due to mental impulse disorder; (b) opened a door door which was not corrected by thefting the property from the victim D’s residence in Busan-gu Busan-gu; and (c) continuously intrudes on the victim’s residence; and (d) continued to intrude the victim’s gap into the victim’s residence; (b) in cash, 535,00 won, and 2 U.S., the market price, which was the victim’s possession located in the spathic region in the spathic region in the spathic region in the spathic region in the spathic region in the spathic region in Busan-gu, Busan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 329 and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation / [Article 48(1)1 of the Confiscation Criminal Act / [Article 48(4) of the Act / [Article 48(1)1 of the Act / [Article 48 of the Act / [Article 48(1) of the Act / [Article 4 of the Act ] mitigated area (Article 8-1 and 6] mitigated area of general property / [Article 4 of the Act / [Article 48-1 of the Act ]