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(영문) 부산지방법원 2015.02.06 2014고단9763
야간건조물침입절도
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

From August 1, 2014, the Defendant had been working as an employee at the D restaurant operated by the victim C, which is located in the Fridong-gu Busan, but had been aware of the fact that the victim had cash stored in the calculation unit and tried to steals it.

On November 12, 2014, at around 22:40, the Defendant: (a) entered a restaurant using the key in which he/she was in possession of a flat; (b) cut 90,000 won in cash in the calculation unit; and (c) stolen 20,000 won in cash by the same method as around 06:00 on November 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written statements and investigation reports (on-site CCTV attachment)-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

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 (Scale of Damage and Consideration of Agreement);

1. Social service order under Article 62-2 of the Criminal Act;

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