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(영문) 전주지방법원 군산지원 2019.09.18 2019고단633

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 6, 2016, the Defendant: (a) was at the E High School located in Gunsan-si, Sinsan-si; (b) opened a gate with which women’s uniforms are worn; and (c) intruded into classrooms; and (d) opened one student card of the victim B; and (b) from that time up to December 11, 2018, the Defendant stolen the victims’ property worth KRW 1,824,000 in total at six times in the same way as indicated in the list of crimes in the attached Table.

2. From October 2018 to November 2018, the Defendant: (a) obtained one resident registration certificate lost by the victim C and did not take necessary procedures, such as returning it to the victim; and (b) embezzled as he/she thought he/she had, without taking necessary procedures.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared by H, I, and J;

1. Records of each seizure and photographs of seized articles (58 points, such as provisional production);

1. Application of the Acts and subordinate statutes to photograph photographs, internal investigation reports (Attachment to a one-time screen of the Administrator of the Korea Meteorological Administration), each investigation report (to refuse to prepare CCTVs containing the form of theft by a suspect, victim C’s statement and written statement, victim B refusal to make statements, owner of seized objects and specific areas of the victim B, suspect A monetary records and location of the sending station, investigation into the location of the sending station, reasons for exclusion from the seized articles, date and time of committing the crime of misappropriation of possession), field photographs of the K High School, and to capture CCTV images of K High School,

1. Relevant Article 330 of the Criminal Act and Article 360 (1) of the Criminal Act (the occupation of larceny at night) concerning facts constituting an offense and the choice of punishment (the occupation of embezzlement of stolen objects and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant for sentencing under Article 333(1) of the Return Criminal Procedure Act is almost the same as this case.