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(영문) 부산지방법원 2016.12.30 2016고단4150
절도미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Larceny;

A. On March 2016, the Defendant: (a) went ahead of the Seocho-gu Busan Metropolitan City Housing; (b) went into a house to steals female panty; and (c) went into the building through the entrance of the entrance; and (d) went out with six female pantyty more than KRW 30,000 at the market price of the victim D, which was suffering from the 301 upper floor, in front of the 301 upper floor.

Accordingly, the defendant invadedd the victim's structure and stolen the property owned by the victim.

B. On April 2016, the Defendant intruded into the same structure by the same method as a patrolman, and carried 86,000 women’s panty panty 8,00 won in the market price owned by the victim E, which is located in the first corridor No. 401 of the fourth 4th 4th 4,01, and carried 1,000 mar.

Accordingly, the defendant invadedd the victim's structure and stolen the property owned by the victim.

2. A criminal defendant who attempted larceny had intruded on the same structure in the same manner at around 08:40 on June 16, 2016, and had one panty panty panty panty of women owned by the victim D, which was suffering from the third floor 301 earlier, and did not lead to the occurrence of the victim's intention.

Accordingly, the defendant invadedd the victim's structure, and attempted to steals the property owned by the victim, but attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A E-document;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles 319(1) and 319(1) of the Criminal Act (the points of intrusion upon residence), Article 329 of the Criminal Act (the point of larceny), Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the most severe punishment for larceny);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act has a record of criminal punishment several times for the same crime.

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