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(영문) 부산지방법원 2013.05.24 2013고단628
야간건조물침입절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, for two years from the date of this decision.

Reasons

Punishment of the crime

1. On October 12, 2012, around 04:02, Defendant A: (a) had been prepared in advance at the “D” restaurant operated by the injured party B in Busan Jung-gu; (b) had infringed on the wall of the entrance, and stolen KRW 200,000,000, which is the cash owned by the injured party in the said safe located at the entrance.

2. On October 24, 2012, around 04:25, the Defendant discovered a victim A (the age of 27) in a form similar to the Defendant’s DNA restaurant operated by the Defendant, as described in paragraph (1), and asked the victim to “whether or not he or she is able to confirm what or not he or she contains.” In addition, the Defendant found the victim’s cell, knife, knife, knife, knife, knife, and knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of bags and criminal tools taken by the suspect A, photographs of damaged parts of the suspect A, photographs of the damaged parts of the suspect A, photographs of the damaged field, and CCTV for visual recording in the damaged field;

1. Article 330 of the Criminal Act: Defendant B, Article 257 (1) of the Criminal Act, the choice of imprisonment

1. Article 62 (1) of the Criminal Act for the suspension of execution (see, e.g., Article 62 (1) of the same Act);

1. It is so decided as per Disposition for the reason of confiscation (Defendant A) Article 48 (1) 1 or more of the Criminal Act;

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