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(영문) 대전지방법원 2018.09.06 2018고단2233

야간건조물침입절도등

Text

A person shall be punished by imprisonment with prison labor for a term of one to five years in the judgment of the defendant.

The seized divers (No. 3) shall be divers.

Reasons

Punishment of the crime

[Criminal history] On June 1, 2018, the Defendant was sentenced to a suspended sentence of two years in October, 2010 by a Daejeon District Court on the following grounds: (a) on June 1, 2018, the above judgment became final and conclusive on June 9, 2018.

[Criminal facts] The Defendant committed each of the following crimes with the lack of the ability to discern things or make decisions due to the second degree of intellectual disability.

[2018 Highest 2233]

1. Intrusion on a structure and theft;

A. On June 12, 2018, around 17:26, the Defendant: (a) obtained money from the victim D in Daejeon-gu Daejeon-gu, Daejeon-gu as soon as possible; (b) stolen money to the building managed by the victim; and (c) intruded into the building managed by the victim by the victim through the door, and (d) cut off the part of the franchise emissions of the franchise exchange machine in his/her hand by taking off the part of the franchise emissions into his/her hand, and then cut off with KRW 60,000,000,000 won in cash owned by the victim D during the period of the exchange.

나. 피고인은 2018. 6. 21 05:32 경 전 항 기재 장소에 이르러 돈을 훔칠 생각으로 열려 있는 문을 통해 안으로 들어가 피해자가 관리하는 건조물에 침입하고, 그곳에 설치되어 있는 동전 교환기의 잠금장치에 미리 준비해 간 드라이버( 길이 약 8cm )를 끼우고 위ㆍ아래로 번갈아가며 흔들어 잠금장치를 부숴 동전 교환기를 연 후, 동전 교환기 내부에 있는 피해자 D 소유인 현금 40만 원 가량을 꺼내

L. A. L. theft was committed.

2. On June 18, 2018, around 08:52, the Defendant: (a) went into the place indicated in the foregoing paragraph (1) and intrudes into the structure managed by the victim by means of a door open to one’s think of theft; (b) the Defendant attempted to steal cash by opening the cash exchange machine in the same manner as the foregoing 1-B; (c) but did not commit an attempted crime because the Defendant did not destroy the lock lock device of the cash exchange machine.

3. Larceny.