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(영문) 부산지방법원 동부지원 2018.04.12 2018고단332
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court on April, 2018, and the above judgment became final and conclusive on February 21, 2018.

On January 3, 2018, the Defendant, using the entrance door password known in the past, 01:29 around 01:1.3, the Defendant: (a) taken in and stolen the unfasible food in the market price owned by the victims (understandings of the notified telecom) from which it is impossible to identify the names of the victims who entered the cooling house located in the Busan Southern-gu Busan-gu Busan-gu c; and (b) stolen the goods owned by the victims seven times in total, as shown in the list of crimes, by intrusion into the above restaurant at night by the same method until January 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CCTV closure photographs attached to the investigation report;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 suspended execution;

1. The degree and size of damage on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is highly likely to be criticized;

Considering the fact that it is difficult to see the sentence, the sentence of imprisonment with labor for a short term shall be imposed on the defendant, and the execution of the sentence shall be suspended for a certain period, in consideration of the equity between the sentence and the sentence already rendered.

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