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(영문) 부산지방법원 2016.04.06 2015고단7005
특수절도
Text

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

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

Reasons

Punishment of the crime

1. On April 13, 2012, the Defendant of special larceny and B, around 22:00 on April 13, 2012, conspired to enter the said office in front of the first floor of “E hospital” managed by the victim D in Kimpo-si, Kimpo-si, Kimpo-si, and to steals the goods into the said office, and take the key of the said office from the key custodian box in front of the said hospital.

In other words, the above office entrance has been opened and intrudeed into the bill, and the above victim who had been in the west had approximately KRW 300,000 in cash in possession.

Accordingly, the Defendant, together with B, stolen the property by intrusion upon the victim's room at night.

2. On April 18, 2012, the Defendant and B, on April 18, 2012, conspired to enter the above hospital in front of the “H hospital” managed by the victim G in Kimpo-si, Kimpo-si, Kimpo-si, on April 18, 2012, in front of the “H hospital” managed by the victim G in Kimpo-si, and the Defendant reported the network before the first floor, and B, upon intrusion into the building through the above second floor toilet window, had a simplified safe with approximately 15,200 won in cash in possession of the said victim.

Accordingly, the Defendant, together with B, stolen the property by impairing the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Statement made to I by the police;

1. Application of the laws and regulations of G and D

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Where the reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for reducing the amount of punishment) is [the scope of the punishment recommended according to the sentencing guidelines] where the mitigation area (from August to January 1) of the mitigated area (special sentencing factors) of the general property intrudes into places other than indoor residential space (the decision of sentencing) (the defendant is sentenced].

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