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(영문) 부산지방법원 2013.04.18 2013고단448
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 25, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for night intrusion larceny in the Busan District Court on January 21, 2010 and completed the execution of the sentence in the Busan Correctional Institution on January 21, 2010.

1. At night, around 04:30 on January 4, 2013, the Defendant: (a) opened a entrance door which was not set up in the victim D’s residence located in Busan Young-do, Busan; and (b) intruded into such a plan; and (c) cut off with 100,000 won, which was the market price of the victim’s ownership, and was set up in a plan by using the gap in the victim’s residence; and (d) cut off with three credit cards, which was equivalent to 100,000 won, the market price of the victim’s ownership.

2. Around 04:55 on January 4, 2013, the Defendant attempted to larceny at night, with a entrance door which was not set up in the victim F in Busan Young-gu, Busan Metropolitan City’s dwelling area, and intruded by such method, and then, the Defendant attempted to cut off the victim’s cresh in an amount equivalent to 150,000 won of the market price, which was the victim’s possession, of the cresh in which the victim was locked, and one cash, 51,00 won of the market price, 1,000 won of the cresh, 51,00 won of the cresh, 2,00 resident registration certificates, 1,00 of the debit bank, agricultural credit card, 1, and 1,000 credit card of the new world, 1, Gma card, and 1,000 credit card of the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and D;

1. A report on investigation;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are the same previous and majority, and the period of repeated crimes is the same.

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