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(영문) 인천지방법원 2017.05.18 2017고단1552

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four 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. On January 24, 2017, at C elementary schools located in Seocheon-si B around 17:30, the Defendant entered the school, using the crepans without managers, put about KRW 1,00,000, total market price of the victim D owned by the victim of the third floor in the 3-2 class of the third floor, and put about two strings, four strings, one charging machine, etc., which are continuously owned by the victim E in the 1st half of the first floor. The Defendant used 1,40,000, the total market price of the victim E owned by the victim in the 1st floor, which is equivalent to the sum of KRW 1,40,00,000, as it is, in plastic bags.

2. At night, around December 20, 2016, the Defendant: (a) intruded into the foregoing structure in a cresh in the Nam-gu Incheon Metropolitan City F and a new hotel construction site; (b) cut off the locked of the steel agents box on the second floor; and (c) cut off the locked of the steel agents box on the second floor; and (d) cut off the locked of the victim G-owned market value of the total amount of KRW 400,000, total market value of the victim G-owned.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, and G;

1. Notification of photographs, CCTV image data around the place of occurrence, on-site photograph data, and of the department related to the report of the case 112;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the first-class crime [the scope of recommendations] committed against general property [the fourth-class (In April-1 and June) in the area of special mitigation (the special mitigation person] [the (fourth-class) in the case of intrusion upon a living-type and a place other than indoor residential space] in the area of living, the second-class crime [the scope of recommendation] in the area of mitigation [the range of general property] in the area of mitigation (4-10 months to October] in the area of mitigation (the special mitigation person].