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(영문) 부산지방법원 서부지원 2017.12.07 2017고단1253
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On July 26, 2017, the Defendant for larceny of a structure at night: (a) around July 26, 2017: (b) around July 26, 2017, the two keys owned by the victim D are inside the back seat of the Otoba, which was parked in the Busan High School B 21 Dong 132 C Logistics Center around July 26, 2017.

(1) A company bank, which owned the above victim, has opened a corrected door and intruded into the door, and then stolen it with one credit card copy.

2. At around 00:53 on the 27th of the same month, the Defendant withdrawn 50,000 won in cash with the credit card of an enterprise bank, which stolen under the above paragraph (1), using the cash withdrawal machine at the place of F convenience store located in Busan B, Busan, and stolen it.

3. On August 10, 2017, the Defendant for theft of a structure at night, on August 10, 2017, opened a window at around 00:23, in around August 10, 2017, where the Defendant was in C office located in Busan City, and opened a door and intrudes into the door, and thereafter, he/she collected KRW 200,000 in cash owned by the Victim H from the credit cooperative.

In other words, they stolen them.

4. On August 16, 2017, the Defendant for theft of a structure at night was intruded in the same place as at around 22:59 around August 16, 2017 in the same manner as at around 3:30,000 won in cash owned by the Victim H in a credit cooperative, after the intrusion into a place in the same manner as at around 3:59:

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements D and I;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to recovery of damaged articles and provisional return);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief for intrusion upon a structure at night) concerning the crime (a thief) and Article 329 of the Criminal Act (a thief for the purpose of Section and a choice of imprisonment);

1. The reasoning for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is the primary crime, and the amount of damage is not so large that the injured person does not want the punishment of the defendant. In addition, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., the sentence is ordered as ordered.

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