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(영문) 대구지방법원 포항지원 2015.08.13 2015고단525

야간건조물침입절도등

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A defendant shall be punished by imprisonment for six 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

1. At night, around March 13, 2015, the Defendant stolen the property owned by the victim amounting to KRW 360,000,00, totaling four times, as indicated in the attached Table of Crimes (1), from around June 13, 2015, at around 23:00, at E-cafeteria operated by the victim D, the Defendant: (a) opened the entrance by unfolding the entrance by hand; (b) opened the entrance by unfolding into the entrance; and (c) opened the entrance by unfolding the door; and (d) opened the entrance by racking the door; and (d) cut off the victim’s cash, which is the victim’s ownership, from June 13, 2015.

2. At around 23:30 on March 2015, the Defendant stolen the victim’s property worth KRW 37,200, in total, on six occasions as indicated in the list of offenses (2) in the attached Table, from around May 2015, the Defendant: (a) committed a theft with cash of KRW 900,000, which is the victim’s possession at G cafeteria operated by the victim F of the victim F in South-gu, Nam-gu at port; and (b) committed a theft.

3. At night, the Defendant was able to steal property by intrusioning on the E cafeteria operated by the victim D and attempted to intrude the entrance and exit door by using the door at the E cafeteria on June 19, 2015, but the locking device was not firmly set up.

Accordingly, the defendant invadedd a structure at night and attempted to steals property, but he attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement made to D by the police;

1. Each written statement of D;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 330 of the Criminal Act which choose punishment, Articles 342 and 330 of the Criminal Act, Article 329 of the Criminal Act; and Article 329 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.