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(영문) 부산지방법원 동부지원 2017.09.05 2017고합54
강도치상등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2016, the Defendant destroyed property damage, intrusion upon residence, and theft came into the house of the victim victim E in Busan, Busan, Busan, on September 15, 2016, and broken down the 1st floor and the 2nd floor door glass, and entered the victim’s house, damaged the victim’s front door glass, and infringed on the victim’s house, and then stolen the victim’s cash 50,000 won owned by the victim and KRW 1 million in total, which was located in the house by means of the crepans that do not have any way in the house due to the suspension of life.

2. On January 28, 2017, the Defendant attempted to larceny at night, and around 18:00 on the house of the Victim G, Busan Southern-gu, Busan-gu, to enter the victim’s house beyond the fence, and then intrude the victim’s house with an unrecepted main window, and then cut off the victim’s house with an unrecepted main window, and then cut off him, thereby infringing on the victim’s residence and cutting down his property.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. E statements;

1. On-site reports on results of field identification, and fingerprinting of theft cases;

1. Report on occurrence, investigation report at the Busan Jin Police Station (Attachment to on-site photographs, etc.);

1. A request for genetic assessment and a certificate of genetic assessment (a certificate found to be DNA at the Busan Police Station);

1. Seizure records;

1. Application of statutes on field photographs and field photographs;

1. Relevant provisions of the Criminal Act and Articles 366 (Destruction of Property, Selection of Imprisonment), 319 (1) (the occupation of intrusion upon residence, the choice of imprisonment), 329 (the intention of Section 329) of the Criminal Act and Articles 342 and 330 (the occupation of attempted larceny upon residence at night) of the Criminal Act concerning criminal facts;

2. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the attempts to larceny at night with the largest punishment);

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

4. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection.

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