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(영문) 수원지방법원 안양지원 2016.12.23 2016고단1628

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

1. Night-time theft of buildings;

A. At around 01:00 on August 27, 2016, the Defendant: (a) opened a door after not correcting the said restaurant; and (b) intruded into the said restaurant; (c) opened a door after having intruded into the said restaurant; (d) by holding KRW 70,00,000, cash owned by the victim, which was in the instant victim’s possession, i.e., a non-authorized vacant part of the market price; and (e) cutting down the door, i.e., cash owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

B. On September 5, 2016, around 00:27, the Defendant came to a “H” restaurant operated by the victim G on the 1st floor of Mapo-si F and the 1st floor of Mapo-si, Mapo-si, and infringed on the restaurant by following the wall outside the windows opened at the above restaurant and entering the restaurant, and then, the Defendant took 1.2 million won in cash owned by the said victim, and 1.2 million won in a vehicle with two keys to the market price, and stolen it.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. The Defendant attempted to larceny at night, while living without any particular occupation, had intruded on a house without any person during the vacation period in order to raise funds for living expenses, and had such house stolen the goods located therein.

On September 13, 2016, at around 03:47, the Defendant was at the residence of the victimJ located in the Mapo-si, Mapo-si, Mapo-si, Mapo-dong B, followed the wall at the place, opened a rash, and opened a door for the said victim’s residence. However, the Defendant did not have the intent on the wind, which was unfolded by the Mapo-si, but did not commit an attempted crime.

As a result, the defendant invadeds a human habitation at night, and tried to steals the victim's property, but did not achieve that intention, but did not commit an attempted crime.

B. On September 13, 2016, the Defendant: (a) around 03:56 on September 13, 2016, came into the house of the victim L, a building at Gunpo-si; (b) and (c) taken the wall at the location of the building A, and