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(영문) 부산지방법원 2016.06.22 2016고단801
특수절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 801"

1. In the indictment of around 05:50 on January 31, 2016, the Defendant was written in around 05:50 on January 31, 2015, but it is obvious that the Defendant is a clerical error in the indictment of around 05:50 on January 31, 2016.

After the victim C's house entrance glass in the Jung-gu, Busan Metropolitan City was destroyed by drinking, opened a entrance and intruded with an inner door, and the victim's own market price was cut off by 300,000,000 won.

"2016 Highest 1988"

2. On January 18, 2016, around 21:40, the Defendant infringed upon a residence, and was related to the victim C’s house located in Busan Jung-gu, Busan, and the victim, who was the victim, went into the entrance and exit of the entrance by using an emergency key attached under the string through the strings of the entrance.

Accordingly, the defendant invadedd the victim's residence.

3. The Defendant who damaged property: (a) while the victim was at the time, time, and place specified in paragraph (2), the stronger, which the Defendant was going to move out of the victim’s house; (b) caused him to go out of the victim’s house; and (c) the victim, among others, opened the door to the locked victim.

C. At the same time, the head of the Si/Gun/Gu has broken down the front door glass, which is the victim's ownership, so that the repair cost can amount to KRW 120,00,000, by making the sound "hacks, opening doors, and opening doors".

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

"2016 Highest 801"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. "Handics, photographs, etc." 2016 Highest 1988;

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (to substitute for an estimate of damage), an investigation report (with regard to the method of intrusion);

1. Article 331 (2) of the Criminal Act (the point of special larceny), Article 366 of the Criminal Act (the point of damage to property) and Article 319 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Reduction of a small amount;

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