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(영문) 부산지방법원 2017.01.26 2016고단8235
건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On September 22, 2016, the Defendant was sentenced to a suspended sentence of two years for larceny, etc. at the Busan District Court on August 30 of the same month, which became final and conclusive on September 2, 2016.

[Criminal facts]

1. On December 8, 2016, at around 12:05, the Defendant of theft against the victim C and intrusion on a structure: (a) came to “E” operated by the victim C, located in Busan Shodong-gu, Busan, and (b) caused the victim to intrude into the workplace through an open entrance by using a cresh in order to drink with the employees of the said factory, and (c) caused the victim’s intrusion into the workplace, and (d) by 16, etc., of the total amount of KRW 2.260,00,000,000 in the market price of KRW 50,000,000.

2. Around 11:45 on December 10, 2016, the Defendant: (a) committed larceny against the Victim F; (b) committed an attempted theft; and (c) committed an attempted theft by the Victim F, which was operated by the Victim F, located in Busan Seo-gu G, Busan; and (d) the victim followeded the victim into the workplace through an open entrance to find a stolen object by entering the workplace with the factory employees through the cresh of the place where the factory employees would take up; and (c) did not commit an attempted theft, which was discovered to the I, who was an employee of the said plant who returned to the math, of the said plant, to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the I;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of buildings), Article 329 of the Criminal Act (influence of intention), Articles 342 and 329 of the Criminal Act, and Articles 329 (Influence of thief) of the Criminal Act, the choice of imprisonment for a crime;

2. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] is the fourth type of larceny for general property (in case of intrusion larceny), the special mitigation area (from April to one year and six months) [the special mitigation person] [the decision of sentence] in a case where a person intrudes into a place other than an indoor residential space, or an indoor residential space [the decision of sentence] in a case where the execution of imprisonment is suspended for the same type of crime.

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