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(영문) 부산지방법원 2014.10.29 2014고단3047
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2014, around 00:38, on March 25, 2014, the Defendant intruded into the “D Joint Market in Busan Jung-gu, Busan, and stolen the Defendant, with one early gambling room equivalent to 150,000 won at the market price owned by the victim E (59 years of age).

Accordingly, the defendant invadedd a structure at night and stolen another's things.

2. On March 26, 2014, the Defendant, upon intrusion into the “G Joint Market located in Busan Jung-gu, Busan, around 21:41 on March 26, 2014, committed the crime, and stolen the Defendant, with four boxes of extinction equivalent to KRW 80,00 in the market value of the victim H(45 years of age).

Accordingly, the defendant invadedd a structure at night and stolen another's things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A H statement;

1. Application of Acts and subordinate statutes to a criminal defendant who steals an article;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes 1 in the sentencing guidelines [Scope of Recommendation] 4 types of larceny for general property (4 to 1.6 months) in the area of special mitigation (4 to 4 months) (special mitigation) (4 types), in the area of indoor residential space (4 types), in the case of intrusion into any place other than indoor residential space (the scope of recommending punishment), in the case of crimes 2 that are not subject to punishment [the scope of recommending punishment] in the mitigated area (8 to 1 year and 6 months) (in the case of special mitigation] in the mitigated area (8 to 1 year and 6 months), in the case of intrusion into any place other than indoor residential space (4 types), the final sentencing range due to multiple aggravations: from August to February to March;

2. Taking into account the previous convictions and three times since the decision of sentence was rendered in 2014.

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