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(영문) 부산지방법원 2015.08.20 2015고단4257
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On June 23, 2015, the Defendant committed the crime at around 22:54, Jun. 23, 2015, in front of the “Ecafeteria” entrance of the third floor victim D operation of the 3rd victim of the building located in the Geum-gu Busan Metropolitan City, the Defendant intruded into the said restaurant and stolen cash. Prior to that time, the Defendant opened the said entrance by using the entrance key stored on the front stairs of the entrance, which was known in advance as an employee of the said restaurant, and intruded into the cafeteria of the victim, and cut down the cash of 270,000 won owned by the victim from the depository located in the calculating unit.

2. On June 27, 2015, around 01:05 on June 27, 2015, the Defendant invaded upon the above hospital and stolen money to the outside of the 14th president’s office through the open entrance, and stolen money to the outside of the 14th president’s office, following the Defendant’s intrusion into the above hospital in order to capture money to the 01:05,00,000,000 won in cash in the above office of the victim H management, and KRW 51,000,000 in foreign currency, and KRW 10,000,000 in market price in the victim I’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Written statements of D;

1. Seizure records;

1. Application of each statute on photographs;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is the first crime [Scope of Recommendation] : The second crime that has no basic area (one to two years and six months) (one to half years) of Type 4 of the Act on Larceny for General Property (the scope of Recommendation) / [the scope of Recommendation] / The basic area (1 to two years and six months) of the fourth category of the Act on Larceny for General Property / [1 to two years and six months] / The final scope of punishment due to the addition of multiple crimes : one year to three years (the decision of Declaration] / nine months (the decision of Punishment] ; some consideration is given to the circumstances of the crime in this case; the defendant's situation that has grown in an unfluened environment; etc.

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