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(영문) 부산지방법원 2016.07.20 2016고단1891
절도등
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. On March 17, 2016, the Defendant infringed upon the victim’s residence through windows, after taking off a small window (77cm: 77cm in width, 55cm in length) which was corrected on the victim’s house door at the victim’s house, in order to steals property at the victim’s house located in Busan Seo-gu C2, Seo-gu, Busan, and then taking off the victim’s house from both hands.

2. The Defendant: (a) entered the victim’s collection plan between the date and time as mentioned in the above paragraph (1) and the time and place where the victim did not attend the school; (b) cut off 50,000 won of the market price of the victim’s possession, which is equivalent to 8,000 won of the market price, with 1; (c) 2: (a); (d) 2; (e) 3; (e) 15,000 won of the market price; and (e) 15,000 won of cash; and (e) 2,615,000 won of the market price, including 1; and (e) 2,615,000 won of the market price, including 1; and (e) 2,615,000 won of the female lub disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the victim, E, or F;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 319 of the Criminal Act and Articles 319 (1) and 329 of the Criminal Act concerning the selection of criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the provisional payment order is not well-known even though the defendant was punished for the same kind of crime, but is still under probation due to the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. and the Punishment of Violences, etc., and the violation of the Punishment of Violences, etc. Act, and thus, theft of property by intrusion upon the victim's house, and the nature of the crime is not weak.

However, it is against the fact that the defendant is detained for more than three months, and that the family members of the defendant have paid damages to the victim and have agreed to pay damages to the victim, and that the injured person does not have the punishment for the defendant, and that social ties relationship is clear.

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