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(영문) 부산지방법원 2013.08.30 2013고단2215

야간주거침입절도

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 of the final judgment.

Reasons

Punishment of the crime

On April 14, 2013, at around 23:10 on April 14, 2013, the Defendant: (a) committed theft by putting the victim’s oral 1,000,000 won, which was located in the new entrance entrance of the entrance of the entrance, into the front house, by inserting the victim’s house into the front bank, and 60,000,000 won.

At around 20:00 on March 23, 2013, the Defendant: (a) opened a locked door and intruded into the victim F’s residence located in Geumcheon-gu, Busan; and (b) cut off the property amounting to KRW 50,000 at the market price of the victim’s possession on the Dandong-gu; (c) one punishment of KRW 50,000, the market price of KRW 20,000; and (d) one punishment of KRW 72,00,000, the market price of KRW 20,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. One copy of the output of the inquiry into the sunrise and sunset time of March 2013;

1. Application of Acts and subordinate statutes to each investigation report (whether it falls under residence, and attaching photographs of damaged articles);

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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 ( comprehensively considering all circumstances, such as the fact that there is no criminal record of a suspended sentence of imprisonment or more, damage articles, minor punishment of the victim, non-existence of the punishment of the victim, and

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;