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(영문) 청주지방법원 2018.03.22 2017고단2510

야간주거침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

When the victim C, who is a village resident, was able to hold a house, the Defendant prepared in advance to keep the scene of the Defendant from photographing the CCTV installed outside the house in front of the victim's house's house at around 12:00 on August 14, 2017 and then cut off with one bicycle at the market price, which is the victim's possession, located in the house on the same day, by intrusion upon the house, by thefting the object, and returning the CCTV installed outside the house at around 12:00 on August 14, 2017.

"2017 Highest 2709"

1. On September 9, 2017, the Defendant damaged CCTV in an amount equivalent to KRW 560,000 in the market price owned by the victim’s owner by impairing the victim F’s store of crops in Chungcheongnam-gun E, thereby stealinging the goods, and opening the CCTV set up outside the above warehouse and cutting the connection line.

2. From November 27, 2017 to around 22:25 of the same day, the Defendant: (a) entered the said victim’s vinyl that was adjacent to the said warehouse; and (b) cut off by inserting one MP3 pl3 plug at the market price equivalent to KRW 75,000, in which the victim’s possession on the table was located on the table of the said warehouse; and (c) cut off the said victim’s vinyl.

Summary of Evidence

"2017 Highest 2510"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. On-site photographs, CCTV images to capture 2709 "2017 top group 2709;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (a written estimate of damage);

1. On-site photographs and CCTV photographs;

1. Application of the written estimate statutes;

1. Relevant Article 330 of the Criminal Act (the point of larceny at night), Article 366 of the Criminal Act, Article 329 of the Criminal Act (the point of destroying property), and selection of imprisonment for a crime;

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. The reason for sentencing in Article 62-2 of the Criminal Act to order observation of protection is the first crime (thief) (the scope of recommended punishment).