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(영문) 부산지방법원 2014.11.27 2014고단7690
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2014, the Defendant: (a) around 02:20, at around 02:20, when the victim C was living in the area of the victim C, located in Busan YY B 201, the Defendant: (b) opened a gas pipeline outside the inside of the victim’s inner bank and intruded the victim’s inner bank through the living room to the smallest side; (c) opened a swick 1,50,000 won at the market price of 1.50,000 won at the market price; (d) sold 18,000,000 won at the market price; and (e) sold 18,000,000 won at the market price of 18,000 won at the inner bank; and (e) 62,000 won in cash from the victim’s inner bank located in that place.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (limited to the case of theft by intrusion upon residence at night, but the damaged articles have been restored, there is no power to commit the same kind of crime, and it is contrary to the recognition of the crime, age, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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