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(영문) 대구지방법원 상주지원 2017.01.24 2016고단550

야간건조물침입절도등

Text

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

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On January 24, 2014, the Defendant was sentenced to two years of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court, and on December 2, 2015, the Defendant had three same kinds of records, including the termination of the execution of the sentence in the Cheongju Prison.

[Criminal facts]

1. Larceny of intrusion on night buildings;

A. On November 24, 2016, at around 01:35, the Defendant: (a) caused the loss of the entrance of the said store in front of the E store managed by the victim D, located in the Nam-gu Incheon Metropolitan City, Seoul, by putting the lock door knife in hand; (b) went into the lock door knife by hand; and (c) invaded the lock door knife, and then cut off the cash amounting to KRW 929,000 that was entered in the saving depository of the account unit

B. On November 26, 2016, around 01:24, the Defendant: (a) committed a theft of KRW 1,100,000 in cash, which was entered in the saving depository of the relevant place, after the Defendant forced the use of locking devices by means of cutting down the entrance knife and cutting down the entrance knife at hand, by hand; and (b) went off the entrance knife managed by the victim G in Seo-gu, Seo-gu, Gwangju; and (c) invaded the locking by force.

(c)

On November 29, 2016, the Defendant, around 06:36 on November 29, 2016, committed a theft of KRW 38,000 in cash, which was entered in the saving depository of the account room, after releasing the locking device by means of cutting down the locking room in hand and cutting off the locking room in hand, and intrusion the locking room in front of the K store managed by the victim J of this branch branch.

2. Attempted larceny of intrusion upon a structure at night;

A. On November 25, 2016, around 05:10, the Defendant, at the time of Jinju-si, failed to commit an attempted act, even though (i) the Defendant, inasmuch as there were no money or valuables, by releasing locking the locking device by hand and exposing it into a hand, and (ii) attempted to steals money or valuables that were entered in a credit cooperative for the place of calculating the place; and (iii) did not reach an attempted act, without having any money or valuables.

B. On November 25, 2016, the Defendant is located in the O of the Changwon-si, Changwon-si, around 07:41.