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(영문) 부산지방법원 동부지원 2017.07.13 2017고단449
야간건조물침입절도
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 14, 2016, the Defendant: (a) around 6:10 on November 14, 2016, the building was under construction in the B of the Busan Shipping Daegu Metropolitan Government, and was intruded into the building through the entrance door of the entrance, which was not corrected; (b) on the part of the head of the Shari-gu, Busan Metropolitan City; (c) on the part of the head of the Shari-gu; and (d) on the part of the head of the Shari-gu, the Defendant stolen the building with the amounting to KRW 497,00,00 at the market price of the victim D-owned sea-owned, which was under the custody of the

2. Around December 24, 2016, the Defendant: (a) intruded into the building through the entrance door of the entrance, which was not corrected on December 24, 2016, around 06:13; (b) used any cresh in the construction site; and (c) owned by the victim E, who was in storage in a temporary warehouse of the said building, and was in the storage of the said temporary warehouse, at a creshed construction site; (d) KRW 100,000 per market price; (e) KRW 25,00 won per steel kib (10; (e) KRW 510,00,000, KRW 45,000, KRW 150,000, KRW 100, KRW 108,000, market price of the said building; and (e) KRW 30,000, KRW 108,000, market price of the said building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A E-document;

1. Report on internal investigation (the face of a suspected victim taken from the on-site CCTV), report on internal investigation (the face of a suspected victim taken from CCTV near the site), report on internal investigation (the face of a crime committed by a suspected victim), report on internal investigation (the inside of a suspected victim's vehicle operated by his/her own), each protocol of seizure, and the application of the statutes governing the list of seizure lists;

1. Article 330 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, each of the crimes of this case is disadvantageous to the Defendant, who stolen tools from a building newly constructed at night on two occasions, and the nature of such crimes is not less light.

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