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(영문) 부산지방법원 2013.05.22 2013고단1627
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On October 2012, at around 01:0, the Defendant: (a) 201:0, hereinafter “D Cosmetics operated by the victim C” in the Northern-gu Busan Northern-gu; (b) caused the victim’s leaving the cresh and cresh the entrance to the key in the front and rear west of the said chill; and (c) took off the cash amount of KRW 50,000,000, which is owned by the victim, from the wall that was in a way to open and intrude the entrance to the key in the front and rear cream.

2. Around 01:00 on November 23, 2012, the Defendant: (a) invaded the said cosmetics by the same method; and (b) stolen KRW 70,000,000, cash owned by the victim, which was located in a mountain lux; and (c) cut off.

3. Around 02:00 on December 25, 2012, the Defendant came to fall under the place indicated in paragraph (1) and then cut off KRW 30,000 in cash, the victim’s possession, from the ground wall that was in a plan to intrude the above cosmetics by the same method.

4. Around 02:00 on December 28, 2012, the Defendant came to fall under the place indicated in paragraph (1) and stolen 30,000 won in cash, which was the victim’s possession, from the wall wall that was in a plan for intrusion on the said cosmetic by the same method.

5. On January 23, 2013, the Defendant came to the place indicated in paragraph (1) around 02:16, the Defendant: (a) opened an entrance to a window connected to the garrising door, and cut off the entrance, and cut off to a window connected with the garrising door; and (b) cut off, with two strings for male cosmetics equivalent to the total market value of KRW 80,000,000, in total, the victim owned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (related to attachment, such asCCTV image photographs);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommended types of general property according to the sentencing guidelines shall be infringed upon places other than indoor residential space in the area of mitigation of types 4 of theft;

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