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Reasons
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(영문) 부산지방법원서부지원 2020.11.25 2018고단2758
야간건조물침입절도등
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

"2018 Highest 2758"

1. On November 4, 2018, around 02:30, the Defendant: (a) opened a closed door for the victim C’s operation of the Busan Northern-gu B and the third floor; and (b) intruded the victim’s office inside the counseling room; and (c) stolen it by holding one copy of the NH CC card owned by the victim C, and two copies of the CC card owned by the victim E, on the books that have not been corrected.

2. On November 4, 2018, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 02:49, 2018, in the “G” of the operation of the victim’s name distressed on the F and the third floor of Busan Northern-gu, and (b) acted as if the Defendant were a legitimate licensee; (c) paid out KRW 9,000 of the soup use fee with the NHC Card of the stolen C, and used soup and making soup; (d) obtained pecuniary benefits equivalent to the above amount; and (e) used the stolen erogate card.

Around 00:55 on December 8, 2018, the Defendant committed indecent act against the victimJ by taking advantage of the victimJ’s right her state of refusal to resist, taking advantage of the victim J’s state of refusal to resist, by taking the victimJ’s right knife hand to the victim J (a knife, knife, 22 years of age) who was divingd in the I set soup and soup room located in H in Busan Sho-gu, Busan.

Summary of Evidence

"2018 Highest 2758"

1. Statement of the defendant in the sixth protocol of trial;

1. Statement to C by the police;

1. Investigation reports (Attachment of details of use of a damage card);

1. Photographs of damaged articles 2019Nomen175;

1. Statement of the defendant in the sixth protocol of trial;

1. Statement of statement to the police of the victim J;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

1. Relevant laws concerning facts constituting an offense, Article 30 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Articles 299 and 298 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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