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(영문) 부산지방법원 동부지원 2018.04.11 2018고단296
야간주거침입절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant came to the Busan Southern-gu E Studio roof and came to know of the password by witnessing that the Victim F (S 24 years old) inputs the password of 404.

1. At night, the Defendant, at around 01:00 on the end of August 2017, entered and opened an entrance by entering the password, which was known to him/her as above, and entered into the entrance, and then cut off the entrance, and then cut off the Defendant with one hand, etc., equivalent to KRW 50,000 in the market value of the supplementaryter for Samsung Samsung owned by the victim, the external Hadrid market value of KRW 100,000, and the hack of the hand hack.

2. On December 22, 2017, the Defendant attempted to larceny upon residence at night, entered the above E headroom 404 around December 22, 2017, and opened a entrance to steal money and valuables, but the Defendant failed to open a entrance with double locking devices within the damaged person without opening the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to report on investigation;

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended punishment / [the scope of the recommended punishment] 4 types of larceny in general property [the person who is specially mitigated] / [the person who is not subject to punishment from August to one year] / [the person who is not subject to special mitigation] / The only imprisonment is provided for the crime of larceny in night residence and its attempted crimes; the defendant has no criminal history; the victim is entitled to have preference against the defendant by agreement; the victim seeks preference against the defendant; the defendant's age, etc. is taken into account.

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