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(영문) 수원지방법원 평택지원 2017.05.25 2016고단2207

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On July 19, 2016, at around 01:30, the Defendant: (a) committed a theft with the cash of KRW 1.50,000,000 owned by the victim, the Defendant: (b) at the E cafeteria of the victim D’s operation in Ansan-si; (c) opened an entrance with the keys on the shock case; and (d) intruded into the entrance to the locker.

B. On July 19, 2016, around 01:40, the Defendant: (a) opened an unspecified entrance at H restaurant operated by the victim G in Ansan-si F; and (b) invaded into the gate, and stolen the cash of KRW 7,000,000 owned by the victim in the Kabter.

2. On July 30, 2016, the Defendant: (a) around 02:55, the 34 weeks, an Eup Jindo-si, Do-si, Do-si, Do-si, Jindong-si, Do-si, was stolen with a 90,000 won in cash owned by the victim, by inserting his hand on the victim I, who was diving, in front of the Cheonguri apartment; and (b) putting his hand on the victim I.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of I, G, and D;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330, 329 (a thief for intrusion upon a structure at night) of the Criminal Act and Article 329 (a thief for intrusion upon a structure at night) of the Criminal Act;

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. A sentence shall be determined by taking into consideration the circumstances, such as: (a) even though a person committed a larceny repeatedly for the reason of sentencing under Article 62(1) of the Criminal Act, the punishment is imposed, taking into account the following: (b) the method of punishment by which the person committed the larceny was committed; (c) the amount of damage is simple and not significant; (d) there is no same kind of criminal record; (d)