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(영문) 청주지방법원 2018.11.28 2018고단1858

야간건조물침입절도등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a disabled person of the second degree of intellectual disability.

1. On April 10, 2015, the Defendant: (a) around 06:25, Cheongju-si, and around 06:25, at the “E” house operated by the victim D, the victim D, who had been in Cheongwon-gu, Seo-gu, Seo-gu; and (b) intruded into the above head house through the window of the above head office; and (c) deducted KRW 150,000 in cash, which is contained in the

L. A. L. theft was committed.

2. On May 18, 2016, the Defendant: (a) around 02:43, Cheongju-si, the Victim G in Heak-gu, Hoju came to run “H Matt” operated by the Victim G, thereby walking the aforesaid Matt and infringing into the aforesaid Matt, thereby leaving 50,000 won in cash, contained in the credit cooperative of the calculation unit.

L. A. L. theft was committed.

3. The Defendant, around December 17, 2016, at around 00:40 on December 17, 2016, 200 won in cash, 200,000 won, which came into the “H Mart” operated by the said victim G, and went into the said Mart and intrudes into the said Mart, and enters the said Mart to the relevant place.

L. A. L. theft was committed.

4. On January 12, 2017, at around 00:35, the Defendant: (a) went from the instant “H Mt” operated by the Victim I; (b) went into the said Mt and intrudes into the said Mt; and (c) opened a credit cooperative door to steal cash located within the said Mt, and did not commit an attempted crime without money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, and I;

1. A report on damage;

1. On-site reports (CCTV-Related Investigations), investigation reports (CCTV-Related Integrateds);

1. Application of photographs, lists of persons with disabilities, CCTV images installed at the scene of theft crimes, and statutes governing CCTV images;

1. Relevant provisions of the Criminal Act and Articles 330, 342, 329 and 319 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: In light of the method and circumstances of the crime, etc., the crime is inferior, and the victims wish to punish the defendant, it is against their mistakes.