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(영문) 부산지방법원 서부지원 2018.10.19 2018고단1716
건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant was sentenced to two years of imprisonment for habitual larceny, etc. at the Busan District Court and completed the execution of the sentence in Daegu Prison on April 16, 2018.

1. On July 29, 2018, the Defendant, on the part of the victim C in Gangseo-gu, Busan, opened a door in front of the “D” factory, which was managed by the victim C in Gangseo-gu, Busan, and entered the factory, which was not corrected by the victim C, and then stolen the product worth KRW 1 million in the 5th market price of the 2nd part of the 30th part of the 2nd part of the 2nd part of the 30 million market price.

2. At around 14:00 on August 12, 2018, the Defendant discovered that at the entrance of the “G” model factory of the victim F in Gangseo-gu Busan Metropolitan Government, the market price of which is equivalent to 300,000,000 won, the Defendant: (a) discovered that a miscellaneous 1 horse of luskies and a miscellaneous 1 horse of the market price of which is equivalent to 100,000,000 won; (b) laid down the neck of the said dog on the vehicle in which the Defendant was carrying the son owned by the Defendant; and (c) stolen the said neck on the vehicle

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Articles 329 and 319 (1) of the Criminal Act and the choice of imprisonment with labor for the crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 of the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for general property [the scope of the punishment] are crimes No. 2 of the same repeated crime [the scope of the recommended punishment] mitigated area (the scope of the punishment) of the mitigated area (the person subject to special mitigation) of the mitigated area (the person subject to special mitigation (the person subject to special mitigation)] of the mitigated area (the person subject to special mitigation (the person subject to special mitigation)] of the mitigated area (the person subject to special mitigation (the person subject to special mitigation)] outside the indoor residential space).

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