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(영문) 부산지방법원 동부지원 2018.11.08 2018고단1070
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 10, 2018, around 23:30 on January 10, 2018, the Defendant: (a) committed theft by intrusion on a structure at night, with a single mobile phone (or a market price equivalent to KRW 1.240,00), non-biological cosmetics (or a market price equivalent to KRW 1.240,00), E card 1,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

2. On January 11, 2018, around 00:50, the Defendant obtained pecuniary benefits by having the victim G operation “H amusement shop” located in Busan Southern-gu, Busan-gu, and drink the sum of KRW 200,000,000,00,000, including two weeks, and after having the stolen E card completed as if the lawful right of use was given, and used a stolen credit card.

3. The Defendant, on January 11, 2018, was assaulted by the Defendant at the front of the Jamburdo located in Busan Nam-gu, Busan on January 11, 2018, from D’s male-friendly arrest victim K ( South, 27 years old) to “one short-time motor vehicle and this bank correspondence”

“A assault was committed to K’s face and her course in drinking to hear the word “.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or K;

1. G statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. A thief who intrudes on a crime by relevant legal provisions and at night: A thief who commits fraud under Article 330 of the Criminal Act: A person who illegally uses credit cards under Article 347(1) of the Criminal Act (the choice of imprisonment): A person who commits assault under Article 70(1) 3 of the Act on Specialized Credit Financial Business: Article 260(1) of the Criminal Act (the choice of imprisonment with labor);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, despite the fact that the Defendant had been punished several times due to theft, etc., leading to the instant crime, so there is a high possibility of criticism and the risk of recidivism.

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