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(영문) 부산지방법원 서부지원 2017.05.24 2017고단162
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is employed by the E-gu club operated by the victim D with Busan Seo-gu C4th floor in Busan.

On September 30, 2016, at around 05:28, the Defendant opened and intruded into the door door with the key in which he was in possession of the ordinary chamber. On September 30, 2016, the Defendant: (a) placed the entrance door into the bank; and (b) cut off the Defendant’s “grasium,” one for the “grasium,” owned by the Victim D (the other two and the lower one, the market price of 1,100,000 won); (c) one for the “wrasium,” owned by the VictimF (the other two and the lower one, the market price of 1,00,000,000 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes for investigation reports (where damaged articles are located and used for heavy prices);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection [the scope of recommendations given in the sentencing criteria] - The area of mitigation in the area of larceny in general property (from August to June) (the area of mitigation in general property) - Persons who are eligible for suspended execution in accordance with the sentencing guidelines [the decision of sentence] are not subject to punishment (the source of punishment is not subject to suspended execution);

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