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(영문) 부산지방법원 2021.01.28 2019고단5961

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On December 16, 2019, the Defendant was sentenced to a suspension of the execution of six months to the Busan District Court for attempted larceny, and the judgment became final and conclusive on December 24, 2019.

[2] On September 19, 2019, around 23:55, the Defendant: (a) destroyed and intruded the entrance door window operated by the victim C, which was operated by the victim C, in an irregular manner; and (b) caused the damage to the entrance door door door in the Yellow-gu, Busan, the Defendant opened 8,000 won per annum and 2 passbooks of the Busan bank.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. A description of the investigation report in C’s statement and a statement of confirmation of the identity of the fingerprints of the larceny case;

1. Previous conviction: Application of the relevant Acts and subordinate statutes of inquiry about criminal history, reply to inquiry about criminal history, and search of case;

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

1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes is that the instant crime is concurrent crimes after Article 37 of the Criminal Act; (b) the fact that the value of stolen goods is not significant; and (c) the recovery of the instant crime was only one time, considering the circumstances favorable to the Defendant; (d) the Defendant had the record of being punished four times prior to the instant case including the fact that the Defendant had no effort to recover damage; and (e) the Defendant had no effort to recover damage; and (e) is sentenced to imprisonment for four months in consideration of the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime; and (e) the circumstances after the crime.