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(영문) 부산지방법원 2016.07.13 2016고단2708
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C's Busan Coast D (139t) seafarer.

1. Around 22:00 on January 23, 2016, the Defendant intruded into the said vessel’s freezing warehouse at the port of Ydo-Eup, Namdo-gun, by taking a cresh in which surveillance was neglected, and approximately KRW 231,964 of the market price, which is the victim’s possession thereof, approximately KRW 18 km and approximately KRW 62,290 km of the market price, which is approximately KRW 18 km and approximately KRW 18 km of the market price which is the victim’s ownership.

As a result, it was stolen.

2. The defendant has committed the same harm;

3. From 14:00 to 14:0 to 14:00, while boarding the above ship departing from a Korean-style forest port located in the Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, there is a cre in which surveillance is neglected, one gold scrap equivalent to approximately 5.9 million won at the market price of the victim, which is held by the same seafarer, inside a box under the bed of the same victim E, who is a seafarer.

As a result, it was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against E, F, G, H, I, J, K, L, M, N, orO;

1. A protocol of seizure and a list of seizure;

1. Translation of the text of a portable telephone message;

1. On-site photographs of the place where gold sheet is discovered;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of larceny);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant, as seen above, stolen a biological ship kept in the victim C’s freezing warehouse at night, and stolen a gold scrap of the victim E, and the nature of the crime is not somewhat minor.

However, the fact that the defendant is against the defendant, that the victim was not punished by the defendant, that the victim was not compensated by the victim C, that the damage was restored by the return of the victim E, that there was no particular criminal record in the Republic of Korea, that there is clear social relation, and that there is no other reason.

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