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(영문) 부산지방법원 2016.12.08 2016고단2951
야간주거침입절도
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

[2016 Godan2951] On August 14, 2015, the Defendant, at around 22:00, went to the victim E's house located in Seo-gu Busan, Seo-gu, Busan, and the victim stolen a 18K gold scrap equivalent to 1,50,000 the market price owned by the victim in the box on the inside television crepan by using the crepans influor of lock.

[2016 Highest 6275] On August 16, 2016, at GPC located in F of the Busan Young-gu, Busan, the Defendant cited one half-frame for male at the market price of 100,000 won in cash, which is the victim C, located on the coffee machine, at around 03:13, 200 won in cash, agricultural cooperative C, IBK card and student card, and one resident registration certificate, respectively.

Summary of Evidence

[2016 Highest 2951]

1. Defendant's legal statement;

1. Each police statement made to E, H, and I [2016 Highest 6275];

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the protocol of seizure, the articles seized and photographic Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declaration of Provisional Execution (where an applicant for compensation agreed to receive KRW 300,000 from the accused, he/she sought a compensation order of KRW 30,00,000 from the accused, but there is no evidence to acknowledge it. Therefore, the first crime for sentencing for sentencing of the amount of cash theft which has not been returned out of the above stolen goods (the scope of recommendations) [the scope of recommendations] the basic area (6-1, and 6 months) of the basic area (6-16 months) [the scope of recommendations] of the theft of general property [the scope of recommendations] under Article 2 of the Act on Special Cases concerning the thief (general larceny) [6-16 months] on general property: The scope of the final aggravated punishment pursuant to the majority punishment sentenced from June-2 to March-6 and each of the instant judgments of this case.

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