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(영문) 수원지방법원 안산지원 2018.06.22 2018고단1235

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

Reasons

Punishment of the crime

[2018 Highest 1235] On April 10, 2018, the Defendant came to a cafeteria operated by the 1st floor victim D (39 years old) in light of light name around 03:53 on April 10, 2018, and went to the cafeteria by a door, and went to the cafeteria, and opened a credit cooperative using Raber, and brought to the 128,000 won in cash owned by the victim in the cafeteria, and was stolen by bringing 3 mobile phones of the market value of 1,00,000 won owned by the victim who was kept in the cafeteria located in the cafeteria. [2018 Highest 1511]

1. On April 14, 2018, the Defendant committed the crime: (a) around 03:43 on April 14, 2018, in the latter part of the “H cafeteria operated by FF Victim G in light of light name; (b) opened a door without locking and intrude into a restaurant; and (c) entered one cellular phone with the market value equivalent to KRW 700,000,000, the market value of the victim’s possession at the bottom of the calculation unit.

The property owned by the victim was stolen by inserting three 500 won fattos and discharging them.

2. The Defendant committed the crime of April 16, 2018: (a) around 02:41 on April 16, 2018, on the back of “K cafeteria operated by the J of the I Victim J”; (b) went into a restaurant by using the draber in advance and intrudes into the restaurant; (c) then, the Defendant stolen property of KRW 20,000,000 in cash and KRW 70,000 in cash on the line of the main bank; and (d) one safe with KRW 731,70,000 in cash on the line of the main bank; and (e) one safe with KRW 70,000 in cash on the line of the main bank; and (e) by taking out property of KRW 731,70,070,000 in total, which is the victim’s possession.

Summary of Evidence

[2018 Highest 1235]

1. Statement by the defendant in court;

1. A written statement of D (2018 Height 1511);

1. Statement by the defendant in court;

1. A written statement of G and J;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Protection observation;