야간건조물침입절도
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[Criminal Power] On September 8, 2017, the Defendant was sentenced to two years in Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the execution of the sentence was terminated on May 21, 2019.
【Criminal Facts】
On June 10, 2020, at around 23:41, the Defendant entered the building inside the building through a window that had not been sleeped or corrected on the outer wall of the building when it was located in the 'D' located in the Busan city of the ideology of operation of the victim B.
The defendant continued to have 780,000 won in cash owned by the above victim and three keys of the vehicle, the market price of which cannot be known, after he frank the glass of the fire-fighting machine in his place.
Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of examination of part of the defendant by prosecution;
1. B written statements;
1. Details of replies to the Korea Traffic Safety Authority;
1. Investigation reports (Details of replies to the Korea Traffic Safety Authority);
1. Investigation report (specific suspect);
1. A report of investigation (Attachment to criminal images), photograph;
1. A report of investigation (to attach images of a suspect taken at a convenience point, etc.), photograph;
1. Investigation report (in case of tracking image analysis, etc. by suspect escape), photograph;
1. Investigation report (to attach photographs of comparison of shopping bags held by a suspect before and after committing the crime), photographs;
1. Investigation report (Attachment of a photograph of a CCTV at a criminal scene), photograph;
1. Investigation report (Attachment to a suspect's taxi riding), photograph;
1. Investigation report (attaching for enlistment);
1. Provision of data in the taxi operation information management system;
1. Report on internal investigation (the analysis of surrounding CCTV images and the tracking of escape routes);
1. Previous convictions: Criminal history records, investigation reports (reports attached to related data, such as repeated crimes), and the defendant and defense counsel asserted that the defendant committed larceny by intrusion into D even though he/she was a fact for a campaign near D around June 10, 2020 when the crime of this case occurred, the defendant did not commit larceny.