beta
(영문) 창원지방법원 2017.03.15 2016고단4073

건조물침입등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On August 11, 2016, the Defendant was sentenced to a suspended sentence of two years on January 18, 2016 at the Changwon District Court, for the following reasons: (a) imprisonment with prison labor at night; and (b) imprisonment with prison labor at night; and (c) on November 18, 2016.

1. Attempted attempt to intrude a structure;

A. On November 16, 2016, at around 02:59, the Defendant: (a) sought to enter the said Schlage on his/her own for diving from “E operated by the victim D” in Kimhae-si, Kim Jong-si; (b) however, he/she did not open the entrance, but did not commit an attempted crime.

B. On November 16, 2016, around 02:59, the Defendant: (a) sought to enter the said restaurant in the “H” restaurant operated by the injured party G in Kimhae-siF; (b) but did not open the entrance, and did not commit an attempted crime.

(c)

On November 16, 2016, around 03:21, 2016, the Defendant continued to enter the above office in the 'K' office operated by the victim J in Kimhae-si, and did not open the entrance, but did not commit an attempted crime.

2. On November 16, 2016, the Defendant invadedd a structure: (a) around 03:24, the victim M&D office operated by Kimhae-si; (b) opened a gate that was not corrected between the victim’s leaving the office and intruded into the office.

3. On November 2016, the Defendant: (a) was in the vicinity of the Dong community service center located within 67 in and outside of the Seocho-si, Kim Jong-si; and (b) the Defendant acquired Samsung 5 Smartphones when the victim’s ownership jumal ju, which was lost after the victim’s theft from the victim’sO; and (c) lost the victim’s market value of Samsung jum.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made in relation to M,O,J, D, and G;

1. Chapter 21 copies of CCTV images, and six copies of internal and external photographs of the place where the crime is committed;

1. Previous convictions in judgment: Application of the text of judgment and investigation report (report of confirmation date) Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;