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(영문) 부산지방법원 서부지원 2018.01.25 2017고단1410
야간방실침입절도미수등
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. On September 13, 2017, at around 17:08, the Defendant: (a) committed theft by taking one physical temperature equivalent to 100,000 won at the market price in which the victim’s name in charge of the management of the victim’s in-depth employees was neglected in a patient classification lawsuit for the first floor of the hospital located in Seo-gu Busan, Seo-gu, Busan. On September 13, 2017.

Summary of Evidence

1. The defendant's legal statement corresponding thereto;

1. Legal statement of E;

1. As to the Defendant and his defense counsel’s assertion on the investigation report (such as attaching photographs on the scene of damage) and defense counsel, the Defendant and the defense counsel asserted that the charge No. 2 did not enter the watchkeeping room for the purpose of theft, but did not follow the right and wrong for the purpose of theft, but it is sufficient to find the Defendant guilty of the facts charged in the instant case in full view of the aforementioned evidence.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 329 (Aptitude, Selection of Imprisonment), 342, and 330 (a person who attempts to larceny by intrusion at night) of the Criminal Act concerning criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is doubtful whether the reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, is the same kind of criminal records to the defendant, and the denial of some charges, etc.

However, in light of the favorable circumstances, the fact that stolen goods have been returned or attempted and there is no actual damage, the fact that the defendant was sentenced to a fine after he was sentenced to larceny in 2009 shall be considered, and the age, sex, environment, motive and means of the crime, the circumstances after the crime, etc. shall be considered.

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