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(영문) 부산지방법원 2018.04.25 2018고단482
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on November 27, 2015, and completed the execution of the sentence at the Busan Detention House on November 27, 2015.

“2018 Highest 482” Defendant was found to be the customer of “△△△△△△△△△△△” located in Busan-gu, Busan-do, and was in the victim with a sense of identification. On December 18, 2017, the victimized person went to the said singing room and entered the said telecom with the victim, and then entered the said telecom with the victim, and then the employee “the male-child who went to the said telecom.”

The phrase “the victim was aware of the well-known room of the victim,” opened a visit that was not corrected for over 905, and intruded into the room, and the victim and male-friendly knicked the cre in cash from the bank of other victims, and 2.50,000 won in cash from the bank of other victims.

Accordingly, the defendant stolen another's property by intrusion upon a room possessed by a person at night.

On January 30, 2018, the Defendant: (a) around 23:15, 2018, at “△△△△△△△△,” operated by the victim D (n, 54 years of age) of the 1st floor underground of Busan Seo-gu, Busan (C) around January 30, 2018; and (b) while singing with the victim, destroyed the property, such as opening the knife knife, and destroying the number of the knife.

Summary of Evidence

[2018 Highest 482]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (verification of CCTVs for Furas);

1. A previous conviction in judgment: A reply to inquiry, such as inquiry about criminal history, investigation report (verification of repeated crime history), etc.

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Assaults, etc.);

1. Relevant Article 330 of the Criminal Act and Article 366 of the Criminal Act (the point of larceny by intrusion at night) concerning facts constituting an offense; and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with the punishment prescribed for larceny of intrusion by night room with heavier punishment).

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