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(영문) 의정부지방법원 고양지원 2017.08.11 2017고단1962

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 21, 2016, the Defendant: (a) around 00:45, around 00:45, 2016, went to the “Esan Branch Offices Office” managed by the victim D in the Dong-gu, U.S.-dong, U.S.; and (b) opened a entrance by using a security cancellation card and a key to the security cancellation, which was kept in front of the entrance of the above office, and 1.3 million won in cash owned by the victim and kept in custody of the documents kept in front of the office.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On January 8, 2017, the Defendant: (a) opened two windows after the office at the same place as paragraph (1) around 03:00 on January 8, 2017; and (b) did not commit an attempted crime by breaking up two windows after the office; and (c) intrusion into the office in order to steal things located therein; and (d) did not commit an attempted crime.

Accordingly, the defendant attempted to steal the victim's property by destroying and impairing part of the structure at night.

3. Intrusion upon a structure and theft;

A. On March 28, 2017, at around 13:00, the Defendant intruded into the office through open windows at the same place as that of paragraph (1) and brought about 2 A of tobacco owned by the victim D. B. The Defendant, around 13:00 on March 28, 2017, was “E agency office” managed by the victim F, located immediately adjacent to the place under paragraph (1), and 2 of this Article was removed from the office, and then cut down 150,000 won in cash owned by the victim and then intruded into the office, and cut down the key.

In order to hold a self-reader and to cut off cash, the victim's possession was cut off.

Accordingly, the defendant invaded another person's building and stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of D, G, and F;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Article 342 of the Criminal Act applicable to the crime and Articles 331(1), 330, 329 of the Criminal Act for the choice of punishment