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(영문) 부산지방법원 2015.12.04 2015고단6015
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On August 22, 2015, the Defendant: (a) around 22:00 on August 9, 2015, the Defendant attempted to steals food, such as having opened a locked door at the time of being in a restaurant, and having intruded into the cafeteria; (b) but, on the second floor, having been discovered from CCTV in the second floor and attempted to commit attempted theft.

2. On August 16, 2015, at around 02:45, the Defendant: (a) returned the crime prevention window set up on the windows adjacent to the entrance of the above restaurant; and (b) removed it, and intruded into the body by inserting the body in the gap of windows; and (c) stolen the property equivalent to KRW 7,000,00 in total, including KRW 5,000 and KRW 2,000,000,000, in total, of KRW 2,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. C’s statement;

1. Application of CD-dong images and caps-fagic Acts and subordinate statutes;

1. Articles 331(1), 342, and 330 of the Criminal Act applicable to the facts constituting an offense;

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

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act [Scope of Recommendation] The mitigated area (8 to 1.6 months) of the mitigated area (8 to 1.6 months) of the Act on the thief for general property [Special Mitigation] where a person carries a deadly weapon, or intrudes into a place other than an indoor residential space (Kinds 4), or where a person carries a deadly weapon, or where a person has no criminal history of the same kind of crime, the execution of imprisonment shall be suspended in consideration of the fact that a person has no criminal history of the same kind of crime, the fact that a person commits a living-type crime without significant damage, and that a person commits a crime against the wrongness, etc.

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