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(영문) 부산지방법원 2020.01.14 2019고단1544
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 February 8, 2019, around 03:40 on February 8, 2019, the Defendant invadedd the victim C’s “D sales store” operated by the victim C located in Busan B B, and carried with him/her strings, 150,000 won at the market price of the victim’s ownership, which was located in the display place.

Accordingly, the defendant abused another person's structure at night and stolen the victim's property.

2. On February 19, 2019, around 02:53 on February 19, 2019, the Defendant intruded into a cresh in the front tent and displayed at the relevant place at around 5,00 won of the market price, which is the victim’s possession, at around 02:53,200, and francs equivalent to KRW 5,000 of the market price. The Defendant francs and francs equivalent to KRW 1 disease of beverages and KRW 10,000 of the market price, and 4,000 of the free time of 28,000 won of the market price, and 8,000 won of the market price, and f4,000 won of the f4,00 of the market price, such as bread, 5,000 of the market price, etc.

Accordingly, the defendant abused another person's structure at night and stolen the victim's property.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of C’s written laws and regulations

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (at night, determination of types) thief [Article 4] thief [Special Convictf] mitigated element: Where a person intrudes into places, other than a living type, indoor residential space (in the area of recommendation and recommendation range] , special mitigation area, imprisonment with labor for up to 4 months and six months;

(b) No. 2 crime (a night decision on a type of larceny) (a decision on a type of larceny) (a decision on a type of larceny) (a special person) mitigated element of larceny in general property: Intrusion into general property: A person who intrudes into places other than living or indoor residential space.

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