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(영문) 부산지방법원 동부지원 2014.11.06 2014고단1861
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Night buildings, homicides and attempted larcenys;

A. On September 14, 2014, around 02:10 on September 14, 2014, the Defendant: (a) went into a locking device, and intrudes the window that was locked into the locking device through the window, in order to steals the victim’s goods from the victim D, operated in Suwon-gu, Busan, by means of shakeing the rear gate of the building by hand; (b) however, the Defendant did not go into an attempted attempt, even if the security system installed in the said box was operated by the wind.

B. At around 02:20 on the same day, the Defendant intruded into the above restaurant through the window opened by the injured party G in Suwon-gu, Busan, and colors stolen objects. However, the Defendant did not discover the subject and did not commit an attempted crime.

2. On September 14, 2014, around 02:35, 2014, the Defendant: (a) committed theft of a structure at night; (b) at the K cafeteria operated by the injured party J in Suwon-gu, Busan, the Defendant: (c) took a locking device; (d) intruded the window into the said cafeteria by unfolding it several times by hand; and (d) took a 1.50,000 won in cash located on the Kashter; and (e) stolen money receipts and disbursements in the market value, one of which includes cash 1.50,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of the D, G and J;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted charge of larceny at night) and Article 330 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that partial crimes are attempted, that the amount of damage is not large, that all damaged articles are recovered, and that mistake is recognized);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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