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(영문) 부산지방법원 동부지원 2016.01.29 2015고합113
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On December 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for night building intrusion larceny at the Busan District Court, and on December 27, 2014, the above judgment became final and conclusive on December 27, 2014. On October 8, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for night building intrusion larceny, and larceny at the Busan District Court’s subsidiary branch office, and the said judgment became final and conclusive on October 16, 2015.

[Criminal facts]

1. On October 5, 2013, at around 02:51 on October 5, 2013, the Defendant was at the Busan Southern-gu C and 2nd D restaurant, Busan-gu, and destroyed the victim E, who is the owner of the business, by using a shot tool, the lower glass of the entrance at which the correction was made by using any cresh outside the surrounding area, and then, after putting his hand into the entrance, releasing the corrective device inside the entrance, and intrusion into the restaurant, KRW 250,000 in cash stored in the Kackb, a simplified safe.

In other words, they stolen them.

2. The Defendant continued to commit a fire to a general structure and prevent a crime, and caused a fire to be caused by setting fire to the restaurant operator, the theater, and the kitchen and the warehouse by setting fire to the restaurant, which had been kept in the storage of the said restaurant, and caused the repair cost to be exceeded 6,00,000 won.

Summary of Evidence

1. Legal statement of witness F;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Some statements made to the accused in the police interrogation protocol (2, 3 times) of the suspect interrogation protocol;

1. Each police statement protocol with respect to E and G;

1. A report (fire), internal investigation report (fire fighting site), report on the results of field identification, request for analysis of carbon on fire site and response data, request for analysis of DNA analysis and response data (including detection of DNANA in other scene), response to the results of the fire site investigation, investigation report (in the scene of the crime, attachment of a photo at simple simple safe on the scene of the crime), investigation report (Attachment of a photo to the suspect's moving route after committing the crime), investigation report (in response to the same person's personal data and attachment of a specific document as a result of the DNA comparison), investigation report (in the case of another investigation in which the suspect DNA replys are sent), investigation report (in the case of another investigation).

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