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(영문) 부산지방법원 2019.08.14 2019고단2518
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 became final and conclusive.

Reasons

Punishment of the crime

1. On April 30, 2019, at around 22:46, the Defendant: (a) intruded into the said store located in the large-scale D store of the first floor located in Busan Dong-gu, Busan; (b) resulting in the Defendant’s intrusion into the said store; and (c) resulting in the Defendant’s theft of two Nurungs of the market value equivalent to KRW 30,000, the victim E-owned at that location.

2. On May 11, 2019, at around 00:52, the Defendant intruded into the same place as indicated in the foregoing paragraph (1) and stolen the Defendant’s 50,000 won of the market price owned by the victim at that place, and 17,000 won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seized articles and photographs;

1. The application of Acts and subordinate statutes to a report on investigation (the analysis of CCTV in the event of an additional crime) (the analysis of CCTV in the event of an additional crime);

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the crime of this case is committed by the defendant, and some damaged goods have been returned);

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons]: Where a person intrudes into places, other than his/her living or indoor residential space (the area of recommending punishment and the scope of recommending punishment], special mitigation area, imprisonment from April to June;

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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