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(영문) 부산지방법원 2016.04.28 2016고단708
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2016 Highest 708]

1. On January 3, 2016, the Defendant: (a) at the main point of “D” located in Gold-gu, Busan on January 3, 2016, the Defendant: (b) opened an open door, opened and intruded with the closed door; and (c) collected KRW 80,000, the cash owned by the victim E, which was kept in custody in the saving depository in the front place.

L. A. L. theft was committed.

2. The Defendant shall intrude into the same place on January 4, 2016 at the same time, and take 135,000 won in cash, which was owned by the victim and was under custody in a safe, in the same manner;

L. A. L. theft was committed.

[2016 Highest 1291] On January 8, 2016, the Defendant: (a) entered the victim G in F in the Geum-gu, Busan, as a guest in the Haak-gu, Busan; and (b) cut off with one kiddrid equivalent to KRW 40,000 at the seat No. 56, the victim’s market price.

Summary of Evidence

[2016 Highest 708]

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A criminal investigation report (the photograph of a theft paper) (the highest part of 2016) ;

1. Statement by the defendant in court;

1. G statements;

1. CCTV screen and appraisal report (net 10);

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief for intrusion upon residence at night) concerning facts constituting an offense; and Article 329 of the Criminal Act (a thief for intrusion upon residence and choice of imprisonment);

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. Crimes No. 1 [the scope of recommendations] for the reasons for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendations] for the following crimes: (a) the mitigation area ( August to January 6) of the mitigation area (the mitigation area for intrusion) for the general property / [the scope of recommendations / [the scope of recommendations ] the mitigation area ( August to January 6) for the mitigation area ( August to June 6) for the fourth category (the mitigation area for the general property / [the person subject to special mitigation] for the mitigation area ( August to January 6) for the mitigation area (the scope of recommendations / [the scope of recommendations / [the scope of recommendations ] the basic area of punishment for the general property / [the scope of recommendations / [the person subject to special mitigation] the basic area of punishment / [the scope of punishment / [the person subject to six months to one year and six months] for the general property] / The defendant who has no person subject to special sentencing] for multiple aggravated punishment due to the same type of crimes.

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