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(영문) 부산지방법원 2015.09.25 2015고단5104
절도등
Text

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

except that 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

The defendant is an employee of the Dmarket operated by the victim C who sells fruits, collections, etc. at the Busan Southern-gu World Trade Organization.

1. At around June 20, 2015, the Defendant stolen 30,000 won in cash, which the said victim used in the gap of toilets between the two parties, within the said Dermarkets, around June 16, 2015.

2. Night building thief;

A. On June 25, 2015, the Defendant: (a) confirmed that the said victim’s business was completed and returned home at the same place as the above Paragraph (1) on June 25, 2015; and (b) returned home to the employee himself; (c) subsequently, the Defendant: (a) opened a lock door to Schlage; (d) opened the lock door to which he was aware of; and (b) cut off 50,000 won in cash, which was the said victim’s possession, at that place; and (c) cut off the lock door to the supermarket.

B. Around June 26, 2015, the Defendant, who committed the crime committed on June 26, 2015, intruded the said victim’s cash amounting to KRW 80,000,000, which was located in the calculation unit, from the place of the said paragraph (1) to the calculation unit in the same manner as the said paragraph (a), and stolen it.

Accordingly, the Defendant abused the victim's property by intrusion into the supermarket, which is a structure, at night over a total of twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement, written statement and written statement;

1. Application of Acts and subordinate statutes to a report on investigation (verification of video / sunset time at the place of criminal conduct);

1. Article 329 of the Criminal Act - Articles 330 of the Criminal Act - Articles 330 of the Criminal Act

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

1. On the grounds for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution, crimes No. 1 [Scope of Recommendation] 4 (Special Mitigation Zone) (4 to 1 year and 6 (Special Mitigation Zone) (4) in case of intrusion upon a place other than indoor residential space (4) in the area of indoor residential space, self-denunciation No. 2 (Scope of Recommendation) in general property.

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