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(영문) 인천지방법원 부천지원 2018.05.02 2018고단585

야간건조물침입절도등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 585] On March 1, 2018, the Defendant opened a gate that was not set up in the first place operated by the victim D, the victim D in Bupyeong-si around 02:53 on March 1, 2018, and intruded into it, and removed the currency exchange machine in that place by using the network and the date server, and then taken off 490,000 won in cash owned by the victim.

In addition, from that time until March 9, 2018, a total of 1810,00 won in cash by intrusioning the victims rapidly at night in the above manner, as described in the list of crimes in the attached Table, from that time, up to six times (the number of crimes Nos. 1, 3, 4, 5, 6, and 8) (the number of crimes Nos. 2, 7) were attempted to steal the victims' property by intrusioning the victims rapidly at night by the above method, and attempted to steals the victims' property.

[2018 Highest 809] The Defendant: (a) from March 8, 2018 to March 04:29 of the same day from March 8, 2018, up to 04:29 of the same day, opened a top door of the victim E-rayed vehicle parked in the front parking lot of Seocheon-si 15, Han River Dogra, and took part of the mobile phone owned by the victim within the bank located in the vehicle and set up the front door of the victim E-rayed vehicle; (b) KRW 24,000 in cash and KRW 80,00 in market price.

In other words, they stolen them.

Summary of Evidence

[2018 Highest 585]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each statement of D, G, H, I, J, K, and L;

1. A protocol of seizure and a list of seizure;

1. On-site photographs, CCTV creation photographs, seized objects photographs (2018, group 809, group 2018);

1. Statement by the defendant in court;

1. E statements;

1. The application of Acts and subordinate statutes to copies of video records and photographic materials of damaged vehicles;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon residence at night), Articles 342, 330 (a thief for intrusion upon residence at night) of the Criminal Act, and Article 329 of the Criminal Act (a thief for intrusion upon residence at night) concerning the crime;

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

1. Suspension of execution;