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A defendant shall be punished by imprisonment with prison labor for up to six months.
Nos. 1, 2 and 3 to 5, seized evidence to the victim C.
Reasons
Punishment of the crime
From the end of June 2015 to January 7, 2016, the Defendant was a person who had worked as a general manager at “F” located in Busan District Court E (hereinafter “the instant public notice telecom”). On January 20, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight months with imprisonment with prison labor for larceny, etc. from the Busan District Court’s Dong Branch.
The above judgment became final and conclusive on October 22, 2016.
1. 야간 방 실 침입 절도 피고인은 2015. 12. 22. 이 사건 고시 텔 405 호실의 점유사용 자인 공소사실에는 “ 거주하는” 이라고 되어 있으나, 형법 제 330조가 “ 방 실( 房室)” 을 “ 점유하는” 곳으로 규정하고 있는 점, 공소장의 변경 없이 위와 같이 인정한다고 하여 피고인의 방어권 행사에 어떠한 침해가 있는 것으로 보이지 않는 점을 고려하여, 위와 같이 정정한다.
The victim C opened a house between 23:00 and 03:00 following the day, and intrudes on the residence of the victim, and stolen old panty and brode 1 sets (market value equivalent to 50,000 won) in the room.
Accordingly, the Defendant’s correction is made as above on the ground of the same reasons as the room room 1 occupied by the injured person at night.
The property was stolen by intrusion.
2. Around December 2015, the Defendant cut off a yellow panty and brode 1 panty panty (a total market value equivalent to KRW 70,000) owned by the victim D, which was located in a laundry toilet in the instant public notice box.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement protocol with respect to G, C, and D;
1. Protocols of seizure and list and photographs of seizure;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes (netly 9);
1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.