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(영문) 창원지방법원 통영지원 2017.06.22 2017고단121

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

"2017 Highest 121"

1. On January 24, 2017, around 03:40 on January 24, 2017, the Defendant: (a) intruded into a restaurant through the window of the E cafeteria operated by the victim D in Gyeongnam-gun C; and (b) carried 98,000 won in cash owned by the victim who was in the process of calculating the place.

Accordingly, the defendant invadedd a building managed by people at night, and stolen another's property.

2. On January 24, 2017, the Defendant attempted to larceny at night, and opened a window at a H restaurant used as a residence by the victim G in the Gyeong-gun F of Gyeongsung-gun around 04:17, in the operation of the victim G in the Gyeongsung-gun F, and did not find any stolen object after intrusion into the restaurant.

Accordingly, the defendant tried to steals property by intrusion upon a human habitation at night, but did not bring about such intention and did not commit an attempted crime.

"2017 Highest 547"

1. The Defendant: (a) on February 2, 2014, up to March 2, 2014, discovered one copy of the resident registration certificate owned by the victim I from the street on the street of the film located in Jeonju to around March 2014; (b) but did not take necessary procedures, such as returning it to the victim; and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 30, 2014, around 01:00 on June 30, 2014, the Defendant: (a) intruded into the victim K through the “L” restaurant window operated by Y at regular Eup; and (b) carried 50,000 won in cash at the seat of the carcter.

Accordingly, the defendant invadedd a structure managed by the victim and stolen the victim's property.

3. No person who violates the Resident Registration Act shall use another person's resident registration certificate unlawfully.

Nevertheless, on July 22, 2014, the Defendant was requested to present an identification card from an assistant director belonging to the Hanju Police Station Ngi, who was dispatched to the site after receiving a report as gambling case from the head of the party room located in Kuju-si on July 22, 2014.