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(영문) 수원지방법원 안산지원 2021.01.15 2020고단3795

야간건조물침입절도등

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

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

Reasons

Punishment of the crime

1. On August 25, 2020, the Defendant attempted to larceny at night buildings, including a 260,000 won in cash, which was owned by the victim during the payment period in the Kabter cash transfer, from around 02:58 to around 11, 2020, when the Defendant was an employee of the above restaurant, and came to know that the victim was able to have the key of the restaurant entrance in the ordinary cafeteria before the corridor fire-fighting, and that the victim was able to leave the cafeteria by inserting the key of the cafeteria before the corridor, and the Defendant attempted to commit a theft at night, including a theft of the victim’s property or attempted to commit a theft of the victim’s property by taking advantage of the gap in which the above cafeteria business was completed, by opening the cafeteria door inside the above hallway, and opening the cafeteria door inside the above cafeteria, and entering the cafeteria door inside the above cafeteria and managing it from around that time to September 1, 2020.

2. On September 11, 2020, the Defendant infringed on a structure and stolen a structure: (a) around 16:30 on September 11, 2020, entered the “G” operated by Dongducheon-si E and the victim F of the second floor, by force, carried the entrance door locking with the victim by hand, and opened it into the entrance by hand, and (b) carried one copy of H bank credit card, the victim owned within the payment period for cash withdrawal in the Kabter.

Then, between September 11, 2020 and around 16:45, the Defendant entered the passwords stated in the back of the H bank’s H bank owned by the victim F and then withdrawn KRW 1,610,000 in cash on two occasions at the cash withdrawal period of “a branch within the boundary of the JJ union” located in Dongdu City I.

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

3. From September 13, 2020 to around 15:43, the Defendant was placed adjacent to the victim to charge the thief in the room of “L sanda” located in K in Dobong-gu Seoul Metropolitan Government, and the victim M was divingd.