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(영문) 부산지방법원 동부지원 2013.06.26 2013고단1458
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

1. On February 1, 2013, the Defendant: (a) around 13:00 on the first day of February 2013, the Defendant opened a small window in the victim’s name in the vicinity of the Busan B market; (b) stolen property from the victim’s own detached house; and (c) invaded the victim’s residence; and (d) invaded the victim’s house; and (b) took one female blick in the victim’s market value in the inner cremation room, which is approximately KRW 322,000.

2. On February 2, 2013, at around 13:00 as of the end date, the Defendant: (a) went into the victim E’s house located in Suwon-gu, Busan, and then stolen the property, and went into the victim’s house through the entrance door, and invaded the victim’s house; (b) went into the victim’s house; and (c) took a theft with cash of KRW 100,000,000 owned by the victim in the inside and outside regions

3. On February 2, 2013, at around 13:00 on the last day of the end, the Defendant: (a) committed an attempted act of theft of property from the victim G located in Suwon-gu, Busan to the victim’s house and the room; (b) invaded upon the victim’s house and the room; and (c) committed an attempted act of theft of property owned by the victim by entering the room and the room through the entrance of the entrance, which was opened in the view of theft.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. A written statement of E and G;

1. A report on investigation (Attachment to purchase account books);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a certificate of appraisal);

1. Relevant statutory provisions concerning criminal facts: Article 329 of the Criminal Act; Articles 342 and 329 of the Criminal Act; Article 319 (1) of the Criminal Act; and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution (it shall not be subject to criminal punishment against the defendant, and considering the fact that the criminal act in this case is in depth against the defendant);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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