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(영문) 부산지방법원 서부지원 2020.01.22 2019고단2144
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around September 2018, the Defendant, “2019 Highest 2144,” entered the victim C's residence located in Busan Northern-gu, Busan, and took three panty three and three brode panty three and three brode panty three in the market price unowned by the victim C, which were located in the first floor, around September 2018 and September 1, 2019, and stolen the victim's clothes nine times in total as shown in the list of crimes.

On August 24, 2019, the Defendant: (a) opened a gate that was not corrected for the first time in front of the house of the victim E located in Busan Northern-gu, Busan, and intruded into the ma, and (b) caused the victim E, who was suffering from the flash, by promptly entering into a flash, brought about 5 knives (5 panty, 5 panty) of the market price of the victim E owned by the victim E., who was suffering from the flash.

Summary of Evidence

"2019 Highest 2144"

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, K, and L;

1. Investigation report (the confirmation of the victim and the detailed statement of report 112), each 112 report processing statement;

1. E's written statement "2019 Highest 2168";

1. Defendant's legal statement;

1. Investigation report (victim E telephone conversations - Specifics for damaged goods);

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles 330 and 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent criminals, it is recognized that the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act recognize all the crimes of this case and separates his errors, and that the defendant in consultation with the victim E of the crime of larceny during night residence No. 1 No. 5 of the annexed crime list No. 1, the victim E does not want the punishment of the defendant.

However, on September 4, 2018, the defendant was sentenced to imprisonment with prison labor for 8 months, 2 years of suspended execution, probation, and 160 hours of community service order in the Busan District Court's branch branch branch office of the Busan District Court on September 4, 2018 and the above judgment became final and conclusive on September 12, 2018, it is again during the suspended execution period of the above final judgment.

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