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(영문) 광주지방법원 2017.05.24 2017고단1569

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny at the Gwangju District Court, and on December 21, 2016, the Defendant completed the execution of the sentence at a fixed Eup prison.

1. On January 30, 2017, around 22:30 on January 30, 2017, the Defendant: (a) went into a newly constructed construction site of L oriental medical complex managed by the victim K in the Nam-gu Nam-gu Seoul metropolitan area; (b) intruded on the rail of a building on a parking ground; and (c) ebbbbbbbbbbly 20kg of the market value of the victim’s management installed on the outer wall from 2 to 5th floor; and (d) laid down the pipe 200,000 won in both hands.

2. Larceny and intrusion into a thief;

A. On February 1, 2017, at around 10:00, the Defendant intruded into the victim M in the Southern-gu Seoul Southern-gu Seoul metropolitan floor with approximately 15 kmg of the market value of the victim’s possession in the warehouse, and carried approximately 100,000 won of the market value of the victim’s possession in the warehouse.

B. On February 2, 2017, the Defendant intruded into the place described in the above paragraph (a) in the same manner, and carried approximately KRW 20 km of the victim M holding approximately KRW 130,00,00 in a space between the stairs connecting the first floor and the second floor.

(c)

On March 11, 2017, around 08:16, the Defendant intruded into E stores located in the Southern-gu Seoul metropolitan floor by the same method, and carried out approximately 30 kg of a pipe at the market price of 180,000 won owned by the victim D and carried out the pipe at around 180,000 won.

Accordingly, the defendant invadedd on the structure managed by the victims and stolen the property owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Written statements concerning K and D;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (current status of acceptance, cases currently pending trial, report on attachment of relevant judgments), personal accommodation status, and application of a copy of the judgment statutes;

1. Relevant legal provisions concerning criminal facts, Article 330 of the Criminal Act (the charge of larceny of intrusion upon structure at night), Article 329 of the Criminal Act (the purpose of Section 329), and Article 329 of the Criminal Act.