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(영문) 부산지방법원 2014.07.16 2014고단4160
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has worked as an employee in the "E" restaurant operation of the victim D with the victim (134) 1st floor of the C market new building located in Busan Jung-gu.

On March 15, 2014, at around 21:00, the Defendant left the above restaurant and went away, but on around 22:00 of the same day, the Defendant intruded into the above restaurant with a view to theft of money and valuables, resulting in a theft of KRW 6.40,00 won for each money and valuables owned by the victim in the above restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act [Scope of Recommendation] The basic area (one year to two years and six months) of the theft in general property [no person subject to special mitigation] [Determination of sentence] the defendant appears to have the attitude of acknowledging and opposing a crime; the amount of damage was not significant; the same kind of crime and there was no record of crime exceeding fine (in consideration of the various circumstances as above, a minor sentence shall be sentenced to the lowest amount of sentencing guidelines)

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