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(영문) 춘천지방법원 2020.02.04 2020고단2

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to two years of imprisonment with prison labor for night buildings, intrusion, larceny, etc. at the Chuncheon District Court on November 20, 2019 and sentenced to two years of suspension of execution on November 28, 2019, and is now under suspension of execution on the same kind of criminal records as it became final and conclusive on November 28, 2019.

【Criminal Facts】

1. On December 9, 2019, around 10:23, 201, the Defendant: (a) entered the building B of the Gangwoncheon-gun; and (b) opened the entrance door of the △ PC bank operated by the victim C with the second floor, and opened the lock door in a way that the Defendant was placed on the front of the △△ PC bank by using the string of the seat of the victim, and opened the lock door in a way that he did not enjoying the lock device at the left hand; and (c) cut down KRW 50,000 in cash stored in the safe, and steals them;

2. On December 10, 2019, around 09:11, 09: D buildings in Gangwon-gun, and the entrance doors opened at the △△ PC room operated by C in the second floor to open a locking system in a way that the locking system was opened in a way that the locking system was opened by a string of the victim’s seat and the locking system was opened at the left hand at the same time with the left hand by cutting down the key of the PC calculating machine which was kept in the safe, and then cut down 1.40,000 won in cash contained therein after removing the locking system of the PC calculating machine;

3. On December 24, 2019, around 04:28, 2019: (a) opened a restaurant of “G” operated by the Victim F, the Gangwon-gun E; (b) opened and stolen cash worth of KRW 1.40,000,000, which had been kept in the safe.

Accordingly, the defendant habitually invadedd a structure at night and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 332 of the Criminal Act as to the facts constituting the crime.

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