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(영문) 부산지방법원 2018.07.25 2018고단1035
특수절도등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

(b) Crime history;

1. On January 15, 2018, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for the attempted larceny of a structure intrusion at night in Seoul Southern District Court, and the judgment became final and conclusive on February 2, 2018.

2. Criminal facts;

A. Special larceny Defendant: (a) destroyed a part of the door at night, and intruded into a structure where people gather, thereby thefting another’s property, as follows.

(1) On December 14, 2016, around 18:20 on December 14, 2016, the Defendant: (a) destroyed the door locks of the “E” office operated by the victim D in Busan Jin-gu, Busan (hereinafter “E”), and entered the door, thereby bringing about approximately KRW 200,000 in cash, which was in the low-water container.

(2) On December 26, 2016, the Defendant brought about KRW 50,00,00,000, the Defendant: (a) 20:0 Busan Busan District F building*** the door gate gate gate gate gate gate gate gate gate gate of the HH Tax Accounting Office managed by the victim G, and entered the door; (b) 1 unit (PC) of Taebst City (PC), 1 unit (PC), and 50,000 won in cash.

B. At night, the Defendant attempted to larceny at night, on January 12, 2017, by opening a window on the side, which was not locked by the head of Busan District ****** the head of the household, and attempted to steal money and valuables by entering the house. However, the victim J was not able to hear the sound of the entrance of the victim, who returned from the outing, and returned to the outside, and was not able to do so.

Accordingly, the defendant had invaded upon a human habitation at night and attempted to steals another's property.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b)each statement of D, G and J;

(c) A report on the results of field identification;

(d) each request for appraisal.

2. The records of the offense;

(a) a response to inquiries;

B. Application of police investigation reports (referring to inquiries before a disposition and before a previous disposition);

1. Relevant legal provisions concerning criminal facts;

(a) Specific larceny: Articles 331(1) and 330 of the Criminal Act;

B. At night, attempted larceny: Articles 342 and 330 of the Criminal Act.

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