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(영문) 부산지방법원 2020.02.20 2019고단4719
건조물침입등
Text

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

However, 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 July 13, 2019, the Defendant committed the crime of July 13, 2019, around 07:00 to 07:10, in front of the “D” restaurant operated by the victim C on the first floor of the building located in north-gu, Busan, the Defendant opened an entrance by using the entrance door of the restaurant that the Defendant was in custody for the purpose of having access to the working hours while working as an employee of the said restaurant and intruded into the entrance during the working hours. The Defendant taken 170,000 won in total, which was in front of the settlement unit and the settlement unit.

Accordingly, the defendant invadedd on the structure managed by the victim, and stolen the victim's property.

2. On August 9, 2019, the Defendant invadedd the places described in the foregoing paragraph 1. around 00:21, around August 9, 2019, by means of the description and method, and collected KRW 95,000 in cash owned by the victim who was in the custody of the said account unit.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each written statement of C;

1. Investigation report (to attach a criminal seat and CCTV screen image to a place of escape);

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant legal provisions concerning facts constituting an offense under Article 319 of the Criminal Act, Article 319 of the Criminal Act, Article 329 of the Criminal Act, and Article 330 of the Criminal Act;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Class 1 crime applicable to the sentencing guidelines [Scope of Recommendation] 4 (Crime of Larceny) mitigated area of general property (Type 8-1 and 6) mitigated area of punishment (Type 4 (Special Mitigation) (Class 8-1 and 6) [Extent of Recommendation] 2 crime not subject to punishment / [Scope of Recommendation] mitigated area (Type 4 (Type 8-1 and 6) mitigated area (Class 8-1), mitigated area (Class 6) [Special Mitigation] mitigated area of punishment (Class 8-1 and 6).

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