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(영문) 부산지방법원 2016.11.28 2016고단2155
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 31, 2016, the Defendant: (a) around 11:30 on March 31, 2016, entered the cresh in the “E operated by the victim D” factory run by the victim D in the Geum-gu Busan Metropolitan City, and entered the cresh in which the victim’s surveillance was neglected; and (b) made preparations for the extra air conditioner in the amount of KRW 2.5 million at the market price owned by the victim in advance.

As such, the Defendant invaded upon a structure managed by another person and stolen property.

2. On April 5, 2016, the Defendant: (a) around 15:00 on April 5, 2016, entered the victim G’s house located in the Busan metropolitan captain-gun F, through an open entrance to the hospital, the victim gets in the house; (b) entered the house at the bar; and (c) made two strings in the market price of the victim’s ownership to prepare two strings in advance.

As such, the Defendant infringed upon another person’s residence and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Application of the Attachment Acts and subordinate statutes, such as the 112 Incident Report, the Investigation Report (Recovery of Damage), - Two copies of the damaged photograph, the receipt report (Attachment ofCCTV, etc.), -CCTV photograph, etc.

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (Influence into residence and intrusion into structure), and the choice of imprisonment with prison labor;

1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the reason of sentencing: Class 1 crime [Scope of Recommendation] for the mitigated area (Type 4 (Type 4) for general property) (Type 4 (Type 4) for the larceny), Article 4 (Type 4) for the mitigation area (Type 4 to 1, and June) for the larceny area (type 4) for the purpose of intrusion on places other than indoor residential space (type 4) for the larceny area for the general property (type 4) for the special mitigation area (type 4 to 1,6 months), Article 4 for the larceny area (type 4), Article 38 (1) 2 of the Criminal Act for the special mitigation area (type 4), Article 50 for the final sentencing due to the aggravation of punishment for the increased number of concurrent crimes: It is poor for the defendant to commit each of the crimes

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