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(영문) 창원지방법원 통영지원 2014.11.12 2014고단795

야간건조물침입절도

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

The Defendant, who did not have a certain occupation and residence, was frying soup, and was living together with a mind to raise living expenses by cutting off property from the new wall to another business office.

1. On August 13, 2014, the Defendant: (a) around 04:00 on August 13, 2014, the Defendant: (b) opened a restaurant toilet and intruded inside the restaurant into the “E” restaurant; and (c) cut off, with a total of KRW 1,000 and a total of KRW 2,000,000, tobacco equivalent to that of the victim-owned at the depository.

2. On August 27, 2014, at around 05:25, the Defendant committed the crime against the Victim F, the Defendant: (a) went through through through, and up to, the “Homan Bank” in the operation of the FF located in the G G in Tong-si; and (b) removed the shock network installed on the outer wall of the building on the second floor of the building, removed the shock network installed on the singing room; and (c) infringed inside the singing room; and (d) stolen the cash owned by the victim with KRW 6,00,00, the

3. On August 29, 2014, at around 04:00 on August 29, 2014, the Defendant committed the crime against the victim I, the Defendant: (a) was in the “K Amusement tavern for the victim I’s I operational operation” building; (b) went through a gas pipe installed on the outer wall of the building and opened a main window with the second floor; and (c) went through a theft with cash of KRW 2.60,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statement, each of the Acts and subordinate statutes reporting an investigation;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] : the special mitigation area (4 to 1.6 months) for general property / [4 months] living-type crimes, and intrusion upon places other than indoor residential space (4 types) / The defendant led to confession of and reflect against the instant crime, and the victims agree with the victims.