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(영문) 수원지방법원 안양지원 2019.10.18 2019고단1577

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

1. On January 15, 2019, the Defendant committed the crime around 01:00, on January 15, 2019, at around 01:0, the Defendant attempted to commit the crime by opening an entrance and breaking up the door door of the “C” room in which the name on the 01:0 of Gyeonggi-si, Gyeonggi-si, and the 1st floor of the victim’s operation could not be known, and then by inserting the string of the strings, the strings of the lock-out lock-out device inside the inner part of the bar, and then cutting the lock-out lock-out device, then cutting off the lock-out door and then cutting off the lock-out device, but did not discover any stolen objects, and did not discover any stolen objects.

2. On January 30, 2019: around 04:10 on January 30, 2019, the Defendant, at around 04:10 on January 30, 2019, revoked the lock locking system of the entrance lock at a cafeteria of Gyeonggi-si, Gyeonggi-si, and the “F” cafeteria of the victim’s operation on the first floor in the same manner as indicated in paragraph 1; thereafter, the Defendant opened the entrance and intrude into the restaurant, and stolen the cash amount of KRW 445,00,000 owned by the victim and kept in custody in the depository.

3. On January 30, 2019, the Defendant committed the crime around 05:37, Jan. 30, 2019, at around 05:37, the Defendant released the entrance lock locker in the cafeteria G in the Gyeonggi-si, Gyeonggi-do, and the first floor operated by the victim who could not know the names of the Defendant, in the same manner as that described in paragraph (1), and subsequently failed to open the entrance and to detect stolen objects after intrusion into the restaurant, but failed to discover stolen objects.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each investigation report (the sequence 6, 10 of the list of evidence) and each accompanying materials;

1. A report on internal investigation (Evidence Nos. 4) and CCTV extracted photographs;

1. Application of statutes on field photographs;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 330 of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Night time, intrusion of residence and theft (decision of type) shall be stolen in general property;