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(영문) 부산지방법원 2016.03.16 2016고단317
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 30, 2015, at around 06:06, the Defendant abused the victim C, which was operated by the victim C, located in Busan Jin-gu, Busan, by using the open entrance, and caused the theft by having one hand, equivalent to 120,000 won at the market price of the victim owned by the victim.

In addition, from December 30, 2015 to January 2, 2016, the Defendant committed a theft or attempted theft of property owned by the victim on four occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation;

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

1. Application of Acts and subordinate statutes to photographs of field entrances;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Article 330 of the same Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

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. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the crime, the fact that there is no record of criminal punishment exceeding the fine, and the fact that the victim is not subject to the punishment of the defendant);

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation for protection and observation [the scope of punishment] : The reason for sentencing in Article 62-2 of the Criminal Act / [the case of larceny] - In the case of intrusion (the person subject to special sentencing] - In the case of intrusion into a place other than the indoor residential space of mitigation element / [the scope of recommendation / [the scope of recommendation ] Special mitigation area / April / 1 year / 6 [the scope of general sentencing ] in April / [the scope of general sentencing ] in case of recovery of damage corresponding to mitigation element / Article 330 of the Criminal Act: the statutory penalty in Article 330 of the Criminal Act: 1-10 years [the sentence] 8 months, suspended sentence / 2 years, protection and observation

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