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(영문) 부산지방법원 동부지원 2017.12.06 2017고단2163
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2017, around 01:55, the Defendant: (a) intruded into the D store operated by the victim C in Busan-gun, Busan-gun on September 8, 2017; (b) had 10,000 won of the market price of the victim’s possession; and (c) stolen the victim’s land.

2. On September 8, 2017, the Defendant: (a) around 02:05, at G main points operated by the Victim F (37 years of age) located in Busan-gun, Busan-gun; (b) taken a part of the victim’s head head with a spacker, which is a dangerous object; and (c) taken a part of the victim’s bridge, which was in excess of the victim’s head to the head to the head of the spack; and (d) taken a part of the victim’s bridge to the head to the head of the spack; and (e) took a part of

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes, such as investigation reports, photographs on the upper part, investigation reports (on the night thief site of a structure intrusion), closure photographs of the CCTV in the store, internal photographs of the store, photographs of the same tools, photographs of the damaged object, investigation reports (in relation to the submission of a medical certificate), and reports on injury diagnosis;

1. Article 330 of the Criminal Act (the point of larceny of a structure at night), Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (the point of special injury) of the relevant Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as an order to attend a lecture or an order to attend a community service order, was committed by intrusion on another person’s place of business at night, theft of property, and assaulting another person’s head part, etc. with stolen spackner, etc. on several occasions. Considering the fact that the head may be at the price of head by metal spackner, the crime’s nature is not considerably good, and the victim’s mental and physical suffering is considerably high.

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