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(영문) 부산지방법원 2016.09.06 2016고단3609
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 20, 2016, the Defendant, on May 20, 2016, opened a entrance that was not corrected in the house of the victim D located in Busan Jin-gu, Busan at around 00:39 on May 20, 2016, and intruded into it and stolen the victim’s wall, with a 10,000 won in cash, 50,000 won in cash, and a 10,000 won in cash, 2,5,000 won in cash, and 2,5,000 won in cash, from the victim’s wall E., the victim’s female.

2. The crime committed on June 11, 2016;

A. On June 11, 2016, at around 01:22, the Defendant opened a door that was not corrected at the same place as Paragraph (1) and cut off the door with four physical cards owned by the victim D, one resident registration certificate, one driver’s license and one key, etc., of the market price equivalent to KRW 200,000,000 in the market price, one cell phone auxiliary gate in the mobile phone amounting to KRW 15,000 in the market price, one cell phone charging machine in the mobile phone amounting to KRW 26,00 in the market price, and one auxiliary stack connected with the auxiliary 10,000 in the market price.

B. At around 01:57 on the same day, the Defendant: (a) opened an entrance in which the said victim’s house had not been corrected; and (b) intruded into the said entrance, and (c) took one stop for the fluor of the market price, which was on the custodian of the ward, and stolen the said entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. CCTV images;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria [each decision on types of crime] There is no type 4 (each special person for thief) (each recommendation range] basic area, the scope of final sentence due to the aggravation of multiple offenses from one year to two years: Imprisonment with prison labor for a year: one year to three years.

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