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(영문) 부산지방법원 2017.10.19 2017고단4003
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[203] On June 21, 2017, the Defendant: (a) opened the kitchen window at around 10:00 on June 21, 2017 at around 10:00, in the case of the victim D located in the Busan Young-gu, Busan, and invaded the house; (b) opened the kitchen window at around the house; and (c) opened a gold 1,200,000 won, which is owned by the victim located in the inner cremation, one half of the gold boom amounting to KRW 1.2 million.

In addition, from May 2017 to July 24, 2017, the Defendant intruded into the victims’ residence 17 times in total, as shown in the attached Table 1 list of crimes, and stolens over 10,060,000 won, respectively, over five times, and thus, did not commit each attempted crime.

[2017 Highest 3845] Around April 14:00, the suspect: (a) opened a window above the entrance of the 4-A306 Jung-gu, Busan, Jung-gu, Busan, on April 14, 2017; (b) intruded the victims’ residence over 13 occasions, such as the theft of KRW 300,00 in cash owned by the victim F, and KRW 300,00,000 in cash and KRW 3,95,00 in cash; and (c) stolen gold balls and gold balls.

Summary of Evidence

[2017 Highest 4003]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement concerning G, H, D, I, J, K, and L;

1. Each statement of M, N,O, P, Q, R, S, T, U,V, W, X, andY;

1. A report on occurrence (thief) and each investigation report (netly 12,13,16,19,24,25,60,61);

1. Each protocol of seizure (net 17,27, 31, 35) and each list of seizure (net 18,28, 32, 36);

1. Banm photographs, on-site photographs, reports on the results of field identification at each site, files, appraisal reports (netly 53), and appraisal reports (netly 2017 Heights 3845);

1. Statement by the defendant in court;

1. Statement of the police concerning the Z;

1. Each written statement of AA, AB, AC, AD, AE, AF, AG, F, AH, AI, AJ, AK, and AL;

1. Application of Acts and subordinate statutes to each investigation report (for a moment, 4, 19) and reports on results of field inspection;

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (the point of intention), Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and Article 319 of the Criminal Act.

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