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(영문) 부산지방법원 2018.04.25 2018고단779
야간주거침입절도
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On March 2017, the Defendant employed the victim C as a driver to “D Company” operated by the victim C and stored large cash with the victim, and came to know that the victim was in custody of the large amount of cash in the rooftop room in which the victim resides, the Defendant attempted to steal money and valuables by intrusioning upon the victim’s house room at the time of absence, using the fact that the copy of the key copy of the rooftop room is kept in the D Company’s office, and that the victim’s heart name was opened.

around 23:00 on February 18, 2018, the Defendant: (a) entered a cret that the victim was living in the building located in Busan Young-gu E, Busan, and opened the first floor door and opened it on the rooftop through hallway stairs; (b) intruded into the way to open a rooftop door by using the keys that the victim possessed in the office; and (c) stolen the Defendant with approximately KRW 1,00,000 and KRW 9,000,000,000,000,000,000 won and KRW 1,30,000,000 won, and KRW 250,000,000, won, etc. under the supervision of the victim’s bottom plastic bags.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Grounds for sentencing Article 330 of the Criminal Act with respect to the crime;

1. The basic area (one year to two years) of four types of theft in general property, the scope of punishment of which is recommended;

2. The Defendant, who was sentenced to punishment, has been punished several times for larceny crimes, and the Defendant intrudes the Defendant on the residence of the victim with a beli percentage, and thus theft is required to be punished corresponding thereto.

Considering the circumstances in which a certain amount of damage has been returned to the victim in favor of the defendant, it shall be decided as ordered in consideration of all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc.

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