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(영문) 부산지방법원 서부지원 2019.06.04 2018고단1946
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 8, 2018, around 02:55, the Defendant attempted to larceny or attempted to steals totaling KRW 1,086,000, in total, 12 times, as indicated in the separate sheet of crime (the name of the victim No. 8 No. 8) from January 2018 to January 20, 2018, the Defendant intruded into the victim C through the main window that was not corrected in front of the “D” restaurant operated by the victim C, which was located in Gangseo-gu Busan Gangseo-gu, Busan, and did not correct.

Accordingly, the defendant invadedd another person's structure at night, thereby thefting or attempted to steals property.

2. Around 02:55 on January 9, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) operated a vehicle of f-to-purd lurg without obtaining a driver license in the vicinity of D located in Gangseo-gu Busan Metropolitan City, and operated the vehicle of 12 times in total from that time to January 20, 2018 without obtaining a driver license in the vicinity of the place indicated in the attached crime log.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Protocol of examination of the police suspect related to G;

1. Written statements of C, H, I, J, K, E, L, M, N,O, P, and Q;

1. A report on the results of field identification;

1. Each investigation report (fields, crime sites, CCTV images, etc. around the scene of the crime, photographs of theft scene, investigation into confirmation of the amount of damage inflicted on the victim, and attachment of photographs);

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, each of which constitutes an offense;

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 punishment by law: Imprisonment for not more than 15 years;

2. The sentencing criteria shall be based on; and

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