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(영문) 부산지방법원 2017.11.10 2017고단3089
야간건조물침입절도
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 25, 2017, at night, the Defendant: (a) cut off the cash amounting to KRW 200,000,000, which was owned by the victim who had been under custody in the Kabroece, by opening a Kabro window and intrusion into a Kabro, which was not corrected for C [Operation of Victim E (hereinafter “E president”)] located in Busan, Jingu, Busan (hereinafter “E president”); (b) around 02:2,00,000.

2. On April 8, 2017, around 23:30 on April 23:30, 2017, the Defendant: (a) opened and intruded into the catho window located in the Busan-gu Busan-gu G (hereinafter “F”) and opened the catho window which was not corrected for the purpose of “F”; (b) used the key on the said tradition and used the key on the said tradition, thereby cutting down cash amounting to KRW 1,300,000 on the part of the victim who was in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of the president and the H president;

1. Application of Acts and subordinate statutes of each photograph/cinematographic output (including closed circuit television images), on-site identification reports, and investigation reports (netly 6);

1. Article 330 of the Criminal Act concerning the crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order / [the scope of punishment / [the scope of punishment ] the theft against general property / [ August-1 year and June] of the mitigation area (the special mitigated person] / the scope of final sentencing according to the aggravated punishment for multiple crimes (the type 4): Within the scope of the above sentence according to the sentencing guidelines : 8 months to 2 years and 3 months [the decision of sentencing]; 8 months to 8 months; 8 months; 2.3 months; there are significant records of juvenile protective disposition due to the same kind of crime; the victims want to be punished by the defendant; on the other hand, the victims need to provide the last opportunity to the defendant who becomes an adult subject to the removal;

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