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(영문) 부산지방법원 2013.11.06 2013고단3673
절도등
Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

1. Around October 2012, the Defendant was the owner of a house located in Busan District, Busan District, and the Defendant, even though the victim D (Nam, 53 years old) who was the second floor tenant of the said house prior to the purchase of the said house was aware of the fact among the directors by setting up household tools, etc. to maintain the right of lease, the Defendant opened a corrected entrance at the time of moving the second floor house of the victim into another place and invaded the building managed by the victim.

2. At the above time and place, the thief was stolen by the victim, where the market price on the victim’s own, which the victim was laid to maintain the right of lease could not be known at the victim’s location and place, and then the victim was stolen by taking advantage of the following: (a) the victim’s own television 1, a cooling house, a video device, one video device, one entertainment machine; (b) 2, a television decoration, a 2, a gas train, a computer, one computer, a single laund on computer books, a laundry machine, a 500 food, clothing, ELP, a 500 paper, a lap, a lap board, and one electric lap.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A copy or certified copy of the real estate lease agreement;

1. Application of Acts and subordinate statutes to investigative reports (to hear and report on the Eline statement of a witness, and to hear additional statements of a victim D);

1. Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act, concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act: (a) the victim did not know the fact among the directors by setting up temporary tools in order to maintain the right of lease on the second floor of Busan Jin-gu C (hereinafter “the instant real estate”); and (b) opening a door as the key received from the former owner of the building, and there is no value in the inside.

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