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(영문) 부산지방법원 2018.11.30 2018고단4467
절도등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 15:50 on April 17, 2016 to around 16:40, the Defendant: (a) opened an unrefluened clothes room in G women’s country located in the Seo-gu Busan, Seo-gu, Busan; and (b) took 30,000 won in cash owned by the victim E in such room; and (c) took fluencing 1,00,000 won in the market price with Korean cards and Busan Bank cards.

From that time until September 29, 2018, the Defendant stolen money and valuables owned by the victims at least nine times in total, as shown in attached Table 1.

2. Around October 2018, the Defendant embezzled, without taking necessary measures, such as acquiring a copy of the IS No. 90 adjacent bus stops located in the Geum-gu, Busan at the end of time, and returning it to the victim, the Defendant embezzled, for the purpose of his/her use.

From that time to May 2018, the Defendant embezzled money and valuables in the market price of victims by the same method five times in total, such as the second attached list of crimes committed.

3. Intrusion upon a structure;

A. On September 20, 2018, the Defendant: (a) around 17:15, prior to the I investigation administered by the Victim J located in Geum-gu, Busan, the Defendant opened a door that was not corrected with the intention of larcenying the cash inside the imprisoning and infringed on the structure managed by the victim.

B. On September 20, 2018, around 18:15, the Defendant intruded into a structure managed by the victim J in the same manner as Paragraph (a) at the same place as the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J, K, L, and E;

1. Police seizure records and list of seizure;

1. Application of CCTV and video CD-related Acts and subordinate statutes to the crime;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 329 (Crimes of Larceny), 360 (1) (the point of embezzlement of separated objects from each possession), 319 (1) (the point of intrusion into each building) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment for each of the methods;

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. Suspension of execution;

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