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(영문) 청주지방법원 제천지원 2018.04.05 2017고단331

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2017, the Defendant: (a) intruded into a “D” restaurant located in Dacheon-si, Dacheon-si, on September 20, 2017; (b) knew of the fact that ordinary victims E was out of the said restaurant without locking its windows; and (c) did not collect KRW 6,000 in cash, which is the victim’s ownership, from the gold transfer payment period.

In other words, they stolen them.

2. On December 18, 2017, around 20:40, at the Defendant’s house located in 106:6 Dong 606, 2017, the Defendant ordered food, despite the lack of intent or ability to pay the cost, the Defendant ordered food, using the “national group of delivery” fix, to “H” restaurant operated by the Victim G, if he/she delivered the food to the “H” restaurant by delivering the food,” and ordered food as if he/she would pay the cost.

Even if the Defendant was provided with food equivalent to KRW 72,00,00 from the injured party, but did not pay the amount, as described in the list of crimes in the attached Table, even though he was provided with food equivalent to KRW 321,00,00 in total, on seven occasions between around that time to January 4, 2018, the Defendant did not pay the amount.

Accordingly, the defendant deceiving victims to acquire economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Application of the respective laws and regulations of J, K, L, M and G;

1. Relevant Article 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny of intrusion upon a structure at night) concerning criminal facts and the choice of punishment (the point of fraud and the choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for larceny against a structure at night with the largest punishment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) One crime (the scope of recommended punishment) (the theft) committed against general property; four types of theft;