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(영문) 수원지방법원 안산지원 2013.08.21 2013고단1348

야간건조물침입절도

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on April 30, 2013, the Defendant 20:0, after drinking alcohol at the “D” drinking house operated by the victim C located in the 2nd floor located in Ansan-gu, Ansan-si, the Defendant: (a) opened the entrance locked with a password locking device at around 01:10 on the same day; (b) forced the Defendant to take the entrance locked with a password locking device at several times; and (c) intruded into the said drinking house, the Defendant 196,00 won in total, including 2:0,000 won in cash, 7:00 won in daily, 1:00 won in office, and 21:00 won in 21.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article 330 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

2. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant reflects his mistake and that he agreed with the victim, etc.);

3. Article 62-2 of the Criminal Act;