(영문) 부산지방법원 2014.05.29 2014고단3134

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(영문) 부산지방법원 2014.05.29 2014고단3134

절도등

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A defendant shall be punished by imprisonment for not less than eight 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. On April 20, 2014, around 12:30 on April 20, 2014, the Defendant: (a) was a victim C’s house located in Busan Northern-gu building No. 1003; (b) opened a window that was not set up after the opening of the chill; (c) infringed upon the victim C’s house; (d) then, the Defendant stolen KRW 112,000 in cash owned by the victim on his/her book and on his/her own.

2. On April 20, 2014, around 12:40 on April 20, 2014, the Defendant: (a) committed the crime prevention window 1004, i.e., the victim F’s house; (b) opened a window that was not locked after the opening of the door; (c) attempted to steal an article from the door; and (d) attempted to steal an article at the same time, but was discovered by the wind that was discovered by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, the choice of imprisonment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Reasons for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act of the suspended sentence [the grounds for sentencing favorable to the following favorable reasons for sentencing] [the scope of recommending sentence] under Article 62(1) of the Criminal Act of the Act on the Suspension of Execution, the scope of sentence comparison between the mitigated area (8 to 1 year and 6 months): the mitigated area of punishment (special mitigation] and the sentenced and recommended sentence: August to 1 year: [the sentenced sentence] in 8 to 16 months: (1): the fact that the injury is minor, the damage has been recovered, the damage has been reflected in the life for a considerable period of time, the defendant has a number of same criminal records, but there has no history of having been punished for the same kind of crime after criminal punishment in 208; the fact that there is no record of unfavorable sentencing

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