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(영문) 부산지방법원 2019.02.18 2019고단129
야간건조물침입절도등
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On April 16, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Busan District Court, and was released on October 26, 2018 in the Busan Detention House and passed on November 10, 2018 during the execution of the sentence.

【Criminal Facts】

1. On December 23, 2018, the Defendant: (a) around 07:20 on December 23, 2018, at night, was a restaurant operated by the victim C, located in Busan-gu, Busan-do; (b) opened and intruded by the victim’s crepit and any crepit; and (c) left 30,000 won in cash stored in the safe of the above restaurant accounting unit.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

2. Around 06:00 on January 1, 2019, the Defendant embezzled a opon phone device with the victim E, which is equivalent to KRW 1,300,000,00, in a French coffee shop located in Busan-dong, Busan-gu, without taking necessary procedures, such as returning it to the victim, even though the victim E acquired one mobile phone device at a price equivalent to KRW 1,300,00,00,000.

3. On January 1, 2019, around 06:20 on January 1, 201, the Defendant attempted to larceny at night buildings: (a) was a D restaurant operated by the victim C, which was located in Busan Jin-gu, Busan; (b) opened and intruded by the victim’s cresh and any crepit; and (c) returned to the Defendant through the window because it did not find money, although the Defendant followed the imprisonment without prison labor for the above restaurant accounting room.

Accordingly, the defendant attempted to steals the victim's property by intrusion on the victim's structure at night, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Records of seizure and the list of seizure;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

1. Article 330 of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 342 of the Criminal Act, as to the crime;

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