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(영문) 부산지방법원 2013.11.13 2013고단5326
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. At night, on April 2013, the Defendant: (a) entered the inner bank through the entrance door of the victim D (23 years of age) of 502, the Busan City, Seo-gu, Busan; (b) around 20:00, the Defendant: (c) went into the inner bank; (d) one gold scrap equivalent to KRW 1,00,000 in the market price owned by the victim in the cremation; and (e) one gold cover equivalent to KRW 350,000 in the market price; and (e) one gold cover equivalent to KRW 1,50,000 in the market price; and (e) one gold cover amounting to KRW 1,50,000 in the market price.

2. On May 13, 2013, the Defendant: (a) around 13:00 in the middle of, and around 13:00, went into the house of the Victim E (21) (hereinafter “victim E”); (b) opened a window installed adjacent to the entrance and intruded into the entrance; and (c) took a theft with one digital camera equivalent to KRW 800,000 at the market price owned adjacent to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of damaged articles);

1. Relevant Article 330 of the Criminal Act, the choice of punishment for a crime, and Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (i.e., confessions, reflects and the damage has been recovered, the primary crime is the first crime, and the fact that the second crime as indicated in the holding was voluntarily surrendered at the time of being investigated as a crime No. 1);

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