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(영문) 부산지방법원 2019.09.25 2019고단2891
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for 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

At around 02:00 on June 4, 2018, the Defendant opened a entrance gate, which was not set up in the “D” operated by the victim C in Geum-gu, Busan, and intruded into the gate, thereby withdrawing cash of KRW 300,000,000, which the victim put in the foundation of the war, from the time to May 20, 2019, and then did not receive money or valuables worth KRW 3,048,000 in total and KRW 28 times in total, as shown in the list of crimes, from May 20, 2019.

Accordingly, the defendant invadedd a structure managed by the victim at night and stolen or attempted property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Criminal images;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV around the scene of the crime), a report on investigation (in the case of confirmation of additional crimes), and a report on investigation (in the case of additional CCTV investigations);

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (at night, determination of types) thief [No. 4] thief [Special Convictf] thief] thief (special stief] thief] thief in general property: In cases of intrusion upon places other than indoor residential space, no penalty shall be imposed [the area of recommendation and the scope of recommended punishment] , and April through June;

(b) Second offense (or attempted larceny of night buildings);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than four months (a concurrent crime with an offense for which no sentencing guidelines are set);

2. Determination of sentence: The criminal defendant committed a crime against the same victim over a long-term period of time and thus the criminal nature is bad;

However, there is an agreement with the victims, and only the defendant has been punished by a fine.

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