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(영문) 부산지방법원 2008.7.22.선고 2008고단2767 판결
야간방실침입절도,절도미수,방실침입
Cases

208 Highest 2767 Night guards, thieves and thieves

Defendant

A

Prosecutor

Q1

Defense Counsel

Attorney Q2

Imposition of Judgment

July 22, 2008

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

66 days of detention before this judgment is sentenced shall be included in the above sentence.

The seized inspection of evidence shall be confiscated, one colored (No. 3), one dives (No. 4) and one dives (No. 4).

Reasons

Criminal facts

Defendant,

1. A. At around 21:00 on April 2, 2008, the victim B, located in Seo-gu, Busan, had intruded 201 by means of pre-fluoring with one woman with the victim B, who had no knowledge of his name, into the “X” telecom, and making the victim’s market value at around 08:25 on the 3th of the same month following the day on which the following day is affixed, with one computer monitor at least 500,000 won and one DNA (DVD) with a verification color room prepared in advance; and

B. On May 16, 16, 23:00 of the same year, intrusioned by the above method such as “X” 307, and then cut off with one computer monitor and one DNA (DVD) display channel in the same manner at around 08:29 of the following month, which is the total market value of the victim B, located at around 17:08:29 of the following month;

2. (a) On May 9, 2008, the victim C, operating in Seo-gu, Seo-gu, Busan, entered into the “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

B. On the 14th day of the same month, around 13:00, the victim Y, who intrudes into the above method, and attempted to steal with one computer body located in the victim C, where the market price of the victim Y was unknown, and attempted to do so, but failed to open the wooden boxes fixed with the body of the computer, and failed to do so.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 330 of the Criminal Act (a point of night-time theft), Articles 342 and 329 of the Criminal Act (a point of attempted larceny, choice of each imprisonment), Article 319(1) of the Criminal Act (a point of intrusion by room, and choice of each imprisonment)

2. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

4. Confiscation;

Article 48 (1) 1 of the Criminal Act

Sentencing reasons for sentencing include: (a) the Defendant made a confession of and reflect against all the crimes that are late behind, and the victims wanted to be the front of the Defendant; (b) the Defendant has already been sentenced to a suspended sentence due to the same kind of crime; (c) the Defendant appears to have committed the instant crime differently from the Defendant’s changed suit; and (d) the Defendant had been repeatedly repeated to commit the instant crime; and (c) the Defendant was insufficient to repent of the remaining crimes except for the arrest of flagrant offenders at an investigative agency. However, the aforementioned good circumstances were actively considered in determining the period of punishment. It is so decided as per Disposition on the grounds above.

Judges

Judges Lao Young-gu

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