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(영문) 부산지방법원 2013.03.28 2012고단6540
절도
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 22, 2012, the Defendant: (a) around 15:00 on July 22, 2012, the Defendant: (b) opened a 308 object box of the victim; and (c) stolen the cash amounting to KRW 64,000, by using the key of the victim’s right box located in a public bath room in the sixth floor of the building C, Busan Metropolitan City.

2. The Defendant, at the same time and at the same place, took advantage of the key of the victim’s cresh in which the victim E takes a bath, thereby holding the victim’s 296 right and 55,000 won in cash located on the wall.

3. The Defendant, at the same time and at the same place, took advantage of the victim’s key to the cresh in which the victim F takes a bath, thereby holding 94 objects and cutting down cash of 30,000 won in the wallet.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E, F, and D;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Article 329 of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) has no record of punishment of imprisonment or heavier punishment in addition to a fine for the same crime; all of the damaged articles of this case have been returned to victims; circumstances such as the background, means, method, and degree

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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