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(영문) 부산지방법원 동부지원 2015.09.24 2015고단919
야간건조물침입절도등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

[2015 Height919]

1. On February 2, 201, the Defendant: (a) up to 06:30, the Defendant: (b) opened a entrance by entering the password, which was known to the Defendant, while working as an employee, at the 4-point entrance of the main point operated by the victim C in Busan, Nam-gu B and 6, and opened the entrance; (c) intruded the front of the Kabter and stolen the cash, which was owned by the victim and kept in the front of the Kabter.

2. On February 2, 2011, the Defendant: (a) opened a entrance at the same place as set forth in paragraph (1) at the end of 06:30,000, which was kept in the front of the Kacter, and intruded before the Kacter, and stolen KRW 40,000, which was owned by the victim.

[2015Gohap757] On March 5, 2015, around 09:00, the Defendant: (a) obstructed the victim G in the Southern-gu, Busan; (b) and the second floor “Fnoman bank”; (c) obstructed the business; and (d) obstructed the password of the entrance, which was known in advance by taking advantage of the gaps where surveillance was neglected; and (b) stolen the Defendant’s cash with KRW 130,000,000.

Summary of Evidence

[2015 Height919]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of hours during which crimes are committed);

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the G production;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting an offense (the points of larceny at night), the choice of punishment, and Article 329 of the Criminal Act;

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

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the Suspension of Pronouncement of Sentence: Imprisonment with prison labor for 6 months, confession of the defendant, the primary offender, and the fact that the defendant agreed with the victim C);

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