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(영문) 의정부지방법원 2016.06.10 2016고단1405

야간건조물침입절도등

Text

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

1. From April 2015 to November 201, 2015, the Defendant: (a) was working for the victim D in Guriri-si from around April 2015 to around January 1, 2015; (b) was registered with his fingerprints at the time of the above E; (c) was aware of the fact that the security device was in operation; and (d) stolen money by intrusion on the said office with the knowledge of the fact that the security device was in operation.

On December 30, 2015, the Defendant came to the above office around 00:00 on December 30, 2015, and registered fingerprints using any crepans by leaving the office, and intruded into the office, the Defendant carried 6.10,00 won in cash, which is the victim in the west.

2. Larceny;

A. On February 19, 2016, the Defendant: (a) in G Bana, G Mana, located in Guri-si F on February 19, 2016; (b) brought the victim’s key to custody No. 15; (c) brought the victim’s key into the said key; (d) opened the said key; and (e) KRW 50,000,000,000, in cash owned by the victim inside the wall.

L. A. L. theft was committed.

B. The Defendant, at around 00:00 on March 9, 2016, deducted the key of the victim K’s knick 89 knick knife from his knife, using the knife knife of the victim’s knife, and opened an object with the said key, and takes 80,000 won in cash, 50,000 won, 10,000 won, and 3 knife of the victim’s knife inside the wall.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, H and K;

1. Application of Acts and subordinate statutes to reports on the occurrence of each crime, investigation reports (on-site and CCTV image analysis), investigation reports (based on CCTV tracking investigation into the same ship after committing the crime);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The first crime for sentencing of Article 62-2 of the Criminal Code of the Social Service Order (the scope of recommendations) is general property.