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(영문) 부산지방법원 2018.02.08 2017고단457
야간건조물침입절도등
Text

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

Seized evidence 1, 2, or 5 shall be confiscated by the accused.

Reasons

Punishment of the crime

1. On September 21, 2016, the Defendant: (a) around 02:00 on September 21, 2016, in front of the “D cafeteria” operated by the injured party C in Busan Northern-gu; (b) opened the window shield network in his/her hand; (c) intruded into the restaurant through the window; and (d) stolen the property owned by the injured party by taking food of KRW 50,000 in total at the market price, such as rice, kimchi, and scrap.

2. On December 27, 2016, the Defendant: (a) destroyed a restaurant entrance door in front of the same restaurant as around 02:30 on December 27, 2016; (b) invaded the entrance door into the restaurant through the entrance; and (c) stolen the food of KRW 100,000 in total in the market price of rice, kimchi, two straws, and straws; and (d) stolen the property owned by the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of C;

1. Police seizure records;

1. Application of each statute on photographs;

1. Article 330 of the Criminal Act, Article 331 (1) of the Criminal Act concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Crimes No. 1 for reasons of sentencing under Article 48(1)1 of the Criminal Act of the Confiscation Act / [the scope of the recommended punishment / [the scope of punishment / [4] where the crime of larceny against general property is committed in the mitigated area (from August to January 6) / (a special mitigated person] where the living type is committed, or where any indoor residential space is intruded, other than indoor residential space, (4) where a deadly weapon is carried, or where the crime is committed in the carrying of a deadly weapon, or the crime (4) where any intrusion upon a residence damaged at night or at night, or at night, such as intrusion upon a structure damaged at night / [the scope of the recommended punishment / [the scope of the punishment ] mitigated area (from August to January 6) of the mitigated area (in the case of a special mitigated person] / Where the defendant intrudes into a place other than indoor residential space, the sentence of suspended execution for a period of two months to April 2, 2009].

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