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(영문) 부산지방법원 2016.10.27 2016고단4616
건조물침입등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2016, around 11:30 on August 4, 2016, the Defendant, at around 11:30 on August 4, 2016, intruded into the store through an open entrance in front of the “Dcafeteria” store operated by the injured party C, which was located in Busan, and went back to KRW 50,00,000, cash owned by the injured party on the wall.

Accordingly, the defendant invadedd on the structure managed by the victim, and stolen the victim's property.

2. On August 4, 2016, around 14:30 on August 4, 2016, the Defendant, at around 14:30 on August 4, 2016, invaded into the store through an open entrance in front of the said “Dcafeteria” store operated by the Victim C, and went out KRW 50,000 in cash, which is the victim’s possession, at the above credit cooperative, by using the gaps in which the victim’s surveillance was neglected.

Accordingly, the defendant invadedd on the structure managed by the victim, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no past record of criminal punishment, the degree of damage, and the fact that the degree of damage is relatively weak and restored);

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