beta
(영문) 창원지방법원 진주지원 2015.04.07 2015고단21

야간건조물침입절도등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Night-time theft of buildings;

A. On November 8, 2014, around 05:30 on November 8, 2014, the Defendant intruded into the office by opening doors from the 339 Seocho-gu Seoul, Seocho-gu, Seoul, to clean up the office, and then stolen the victim B’s employees and security cards.

나. 피고인은 2014. 11. 9. 05:30 ~ 06:00경 위 장소에서 절취한 보안카드로 시정장치를 해제한 뒤 사무실 안으로 침입하여 피해회사 소유인 시가 200,000원 상당의 아이팟 MP3 1개를 절취하였다.

다. 피고인은 2014. 11. 12. 05:30 ~ 06:30경 위 장소에서 절취한 보안카드로 시정장치를 해제한 뒤 사무실 안으로 침입하여 피해회사 소유인 시가 200,000원 상당의 아이팟 MP3 1개를 절취하였다. 라.

On November 14, 2014, at least 00:00 to 00:10, the Defendant removed the corrective device with a stolen security card at the above location, and then cut off one of the clopt North Korea No. 1 (1.300,000 won), the damaged company’s possession of the clopt North Korea No. 1 (1.30,000 won), seven of the clopt-2, two of the clopt-2, one of the dlof learning cable, and one of the clof net cables of the clof-2

2. On November 13, 2014, the Defendant attempted to larceny a structure at night, and did not commit an attempted crime, even though he/she had cancelled the locker with a security card that was stolen from the above place, and invaded into the office, and attempted to steals goods, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (related to damaged articles), each investigation report (Submission of a victim's acceptance certificate, confirmation of sunrise time);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;

1. Of concurrent crimes, the punishment stipulated in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and the punishment stipulated in the crime of intrusion upon and larceny of a structure at night on November 14, 2014, with the largest number of concurrent crimes.