야간건조물침입절도
The prosecution of this case is dismissed.
1. On February 9, 2016, the Defendant: (a) opened an open door that was not set up in “D” for the operation of the victim C, one of his/her own type, located in He/sheung-gun, Goung-gun, Nam-gun, and (b) carried out 4 boxes of the total market value of 150,000 won at the low temperature cooling house located therein.
Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.
2. The facts charged in the instant case are the crimes falling under Article 330 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Articles 344 and 328(2) of the Criminal Act. The written agreement stating that A is not subject to the punishment of the defendant is submitted to this court on April 14, 2016, which was after the institution of the instant prosecution. Thus, the victim’s complaint can be deemed revoked.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.