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(영문) 부산지방법원 2016.11.10 2016고단4801
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:50 on May 11, 2016, the Defendant: (a) infringed on the first floor of 194, Young-ro, Young-gu, Busan Metropolitan City; (b) opened a door to an object that was not corrected in the corridor; and (c) cut off with one set of a book equivalent to KRW 1,200,000 at the market price owned by the victim C, and one cut off at the market price of KRW 20,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] The following shall be taken into account: (a) the types of larceny on general property [special mitigation [4-1-6 months] and the special mitigation area (special mitigation area] [4-type] and intrusion upon any place other than indoor residential space (4-type]; (b) there is no record of criminal punishment (decision of sentence]; (c) there is no record of criminal punishment; (d) there is a crime in a state of mental or physical disability; and (e) there is

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