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(영문) 부산지방법원 2018.04.16 2018고단300
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On November 10, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to the intrusion of a structure at night at the Busan District Court, theft, etc., and completed the execution of the sentence at the Busan Correctional Institution on April 30, 2017.

[Criminal facts]

1. Intrusion on a structure, theft;

A. On September 18, 2017, the Defendant: (a) at around 14:02, at the main point of “E” operated by the victim D located in Busan Jin-gu, Busan, the Defendant: (b) obstructed the entrance door to the key located above the upper door door of the entrance; (c) intruded the entrance into the above main point; and (d) stolen KRW 167,000,000, in cash owned by the victim and kept in the depository located in the knter. Accordingly, the Defendant invaded the structure managed by the victim; and (d) stolen the property owned by the victim

B. On September 30, 2017, around 06:20, the Defendant: (a) invadedd the entrance door by the key, which was being sent to the mail, into the said main point; and (b) stolen the cash of KRW 177,000 on the part of the victim, kept in a depository located in the Kabter. Accordingly, the Defendant invaded on the structure managed by the victim; and stolen the property owned by the victim.

2. On December 2017, the Defendant, in the middle of Busan, acquired one juice, which was lost by the victim F at the top of the department store located in juice 694, as the center of Busan Jin-gu, Busan, on a gallon-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as personal confinement status, sentence, criminal history, etc.;

1. Article 329 of the Criminal Act and Article 319 of the Criminal Act concerning criminal facts, the applicable law, the choice of punishment, and the choice of punishment.

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