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(영문) 대구지방법원 포항지원 2016.04.07 2016고단96

야간건조물침입절도등

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

The victim whose name of the seized Mas (No. 3) is unknown.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On June 15, 2015, the Defendant: (a) opened a window at the “E” office managed by the victim D in North Korea-gu, North Korea-si, and intruded into the door; and (b) stolen KRW 50,000,000 in total, cash owned by the victim at the said office.

B. On February 1, 2016, the Defendant intruded into “G” buildings located in Yangsan City F through the entrance not locked from “G,” and stolen the market price of the victim’s ownership, which is approximately KRW 1,500,000,000 of the market price kept by the victim H, using one payment card terminal and one electric cable, and one masts with which the victim’s name cannot be identified.

2. A defendant who attempted to larceny a structure at night; on February 10, 2016, around 1:30 around 21:30

(a) The victim I arrested and attempted the office manager of the office who was displayed on the site while opening the window at the place specified in the port and infusing the stolen object after infusing the stolen object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with regard to I and H (victims);

1. Written statements of D;

1. Application of the police seizure protocol statutes;

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for larceny of intrusion upon a structure at night against the victim H, the nature of the crime and the circumstances of which are the largest);

1. Reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of recommending punishment] 4 types of special mitigation area (the imprisonment from April to June) (the imprisonment with prison labor) / [the person who is specially mitigated] living type, the crime of imprisonment with prison labor (the sentence decision / the sentence decision / the punishment ] that the defendant recognized all of the crimes, and reflects the mistake, the amount of damage is relatively large, and the majority of victims are punished for the defendant.