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(영문) 부산지방법원 동부지원 2015.03.26 2014고단1001
야간건조물침입절도등
Text

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

[2014 Highest 1001] On March 18, 2014, the Defendant: (a) intruded into the 1st floor infant insolvent through the entrance opened in Suwon-gu Busan Metropolitan City Diplomatic Association on March 18, 2014; and (b) led to a theft of one animal bottle in the amount of KRW 300,000 at the market price of the victim E.

[2014 Highest 1067] From May 3, 2014 to around 02:00 of the following day, the Defendant: (a) committed theft with one bicycle for women in Denmark, with the market price of 160,000 won owned by the victim F, which was kept at the parking lot of the Suwon Cultural Center located in the luminous Sea-ro 219, Busan, Suwon-gu.

[2015 Godan116] On March 25, 2014, around 03:50, the Defendant: (a) committed a theft by carrying two bicycle riding boxes equivalent to KRW 400,000 at the market price of the victim I, installed therein, on the front of the “H” bicycle retail store located in Suwon-gu, Busan; (b) around March 25, 2014.

[2015 Highest 127] On December 27, 2014, the Defendant: (a) committed a theft of approximately KRW 20,000 of the market price over about 18 times until January 13, 2015, including (b) the Defendant arbitrarily brought three copies of the victim’s dongbook, sports clubs, and Busan daily newspaper, which the victim read in front of the “L Arts Arts Center operated by the victim K, Busan, Suwon-gu.”

Summary of Evidence

[2014 Highest 1001]

1. Defendant's legal statement;

1. A E-document;

1. Investigation report (Attachment of On-the-spot CCTV photographs), investigation report (verification of the time from which CCTV was sent on the day of committing a crime);

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Records of seizure and the list of seizure (any submission thereof) ;

1. Defendant's legal statement;

1. Police suspect interrogation protocol of M;

1. A written statement prepared in the I [2015 Height127];

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement to K;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to the crime (the point of larceny at night), the choice of punishment (the point of larceny and the choice of imprisonment);

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

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