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(영문) 서울동부지방법원 2018.05.11 2018고단532

야간건조물침입절도미수등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On November 21, 2017, the Defendant attempted to larceny at night buildings (i.e., theft) and attempted to steal money owned by the victim after opening a door at a coffee shop in Songpa-gu Seoul Metropolitan Government 2 commercial building C around November 21, 2017.

2. Around 07:56 January 9, 2018, the Defendant attempted to intrude on a structure and larceny, and opened a screen before the F store operated by the victim E in Songpa-gu Seoul Metropolitan Government Building D and intrude into it, and subsequently, attempted to steal money and valuables owned by the victim by opening the west on the books in that place. However, the Defendant failed to do so on the wind that the alarm is sounding.

3. Intrusion upon a structure and theft;

가. 피고인은 2018. 1. 9. 08:01 경 위 제 2 항 기재 D 상가에 있는 피해자 G 운영의 떡볶이 집 앞에 이르러 그 곳 가림 막을 열고 그 안으로 침입한 후, 미리 소지하고 있던 가위를 이용하여 포스 기기와 철제 금고를 연결하는 선을 절단한 후 피해자 소유의 시가 60,000원 상당의 철제 금고를 가지고 나가 이를 절취하였다.

B. On January 9, 2018, around 08:40, the Defendant: (a) opened the victim H’s H operation cedembed at the victim’s Da commercial building as set out in the foregoing paragraph 2; and (b) opened the cream at the cembed site; (c) opened the cembed site; and (d) cut the victim’s cash with the amount equivalent to KRW 92,850 on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of H, E, and G preparation;

1. Investigation report (Attachment of photographs of CCTV images related to a crime), investigation report (verification and investigation at the scene of occurrence);

1. Protocols of seizure, list and photograph of seizure;

1. Application of CCTV photographs (Evidence No. 20) Acts and subordinate statutes;

1. Article 342 of the Criminal Act applicable to the crime, Articles 342 and 330 of the Criminal Act (the attempted larceny of intrusion upon a structure at night), Article 319 (1) of the Criminal Act (the point of intrusion upon a structure at night, the choice of imprisonment with prison labor), and Article 342 of the Criminal Act.