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(영문) 대전지방법원 2017.08.22 2017고단1533

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for four months.

Seized scrapers ("12") shall be confiscated. One (No. 12) shall be confiscated.

Reasons

Punishment of the crime

1. From June 1, 2014 to June 18:30 on June 2, 2014, the Defendant: (a) discovered one bicycle rider with a known amount of 350,000 won at the market price, which was set up by the victim’s name in front of the instant building C in Ycheon-si, Gyeonggi-do; (b) discovered one bicycle rider with a 350,000 tons of the market price; and (c) was towed and stolen by using a cutting machine in possession; and (d) cut it by towing it on five occasions in total, including 1 to 3,6, and 7 of the daily list of crimes in the attached Table.

2. On January 17, 2015, the Defendant: (a) around 04:34, the first floor of the F building where victims E reside in Daejeon Dong-gu, Daejeon; (b) discovered that the victim E’s market price inside the entrance was 500,000,000 won or more; (c) opened an automatic entrance and intrude into the entrance; (d) opened the automatic entrance; and (e) cut the bicycle, who was in possession, towed the bicycle’s correction device; and (e) cut the bicycle, towed it, and stolen it more than 4,10,000 won in total at night, as described in the table of crimes Nos. 4, 5, and 8.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each victim of H, E, I, J, and K;

1. On-site photographs, CCTV photographs, CCTV images, video information inquiries (providing them), CCTV photographs, seized objects photographs (e.g., ice 5 r) and recovered photographs, etc.;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (the matters concerning CCTVs, etc. in the case);

1. Relevant Articles 329 of the Criminal Act and Articles 329 (Influence, Selection of Imprisonment), 330 and 329 of the Criminal Act (Influences at night) concerning the 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. Each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, is the defendant.