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(영문) 부산지방법원 2020.12.23 2020고단4544
절도등
Text

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

Reasons

Punishment of the crime

On April 27, 2017, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny, etc. at the Busan District Court on February 16, 2020.

1. From August 14, 2020 to 08:10 on August 14, 2020, the Defendant entering a residence came into the residence of the victim J located in the Busan Fung-gu, Busan, and the victim was punished by using the gaps in which the house was unbundled with the small window frame of the above victim’s residence, and infringed upon the victim’s residence through the window.

2. The Defendant: (a) at the time and place indicated in paragraph (1); (b) at the victim’s location, the victim J destroyed the victim’s 18k gold tamp equivalent to 285,000 won in market value owned by the victim himself/herself at a small place of residence; (c) at 18k gold tamp equivalent to KRW 95,00 in market value; and (d) at 18k gold tamp equivalent to KRW 190,00 in market value.

Summary of Evidence

1. On-site photographs of the defendant's statement in court;

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

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

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