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(영문) 부산지방법원 2015.12.17 2015고단6260
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four 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

On September 24, 2015, the defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution for night building intrusion larceny in Busan District Court on September 24, 2015, and finally decided October 2, 2015.

On 03:00 on 25, 2015, the Defendant infringed upon the D restaurant operated by the victim C(28 years of age) located in the Geumdong-gu, Busan, by opening and entering a corrected window, and caused the theft with cash of KRW 100,00,000, which was owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Confirmation of identity of victims' fingerprintss and larcenys;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of certified copies of written judgments and Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., confession, the amount of damage not significant, and equality in cases where a judgment is rendered concurrently with the crime for which a judgment becomes final and conclusive);

1. Article 62-2 of the Criminal Act on Probation;

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