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(영문) 부산지방법원 2015.09.08 2015고단4486
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny at the Busan District Court for six months, and the same month.

2. 10. The same year where the judgment has become final and conclusive;

6. 18. Busan detention center completed its execution.

On July 9, 2015, the Defendant intruded into the restaurant through the entrance opened at the “E” restaurant operated by the victim D in Seo-gu Busan, Busan, and stolen the cash of KRW 130,000 won, KRW 130,000,000,000,000,000,000 won, in which the victim was on the table, one, one, one, one, one, one, one, one, one, a non-bank in the name of the victim, one, and one, one, the victim’s resident registration certificate in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Previous records of judgment: Application of criminal history records, investigation reports (the previous records and confirmation thereof, and the date of release of a suspect);

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

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation Punishment] Taking account of the fact that the crime is committed immediately after the release, and most damaged articles are temporarily returned, where the mitigation area (8 to 1.6 months) (special mitigation) of category 4 (special mitigation) (special mitigation) and intrusion upon a place other than an indoor residential space (4 category) and the repeated crime of the same kind that does not fall under special exception (4 category) (4), and most damaged articles are provisionally returned;

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