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(영문) 수원지방법원 2017.10.23 2017고단5794

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 2017, the Defendant: (a) committed larceny of a structure at night on or around 02:00 on June 6, 2017, the Defendant was at a “E” restaurant operated by the victim D in Suwon-si, Suwon-si; (b) opened the entrance of the said restaurant in which the victim completed his/her business and did not correct any crebs inside the said restaurant; and (c) intrudes into the said restaurant into the said restaurant and takes cash of KRW 50,000,000 in total, including 10,000 won in cash, owned by the victim, who was in his/her possession within the said restaurant; and (d) cash of KRW 5,00,00,000 in total, including Chapter 1, Chapter 5,00 won in 1, and Chapter 3

As a result, the theft was committed.

2. On June 2017, the Defendant: (a) committed the larceny of a structure at night on the Haman’s night on June 2017, at around 03:00, when the Defendant came to a “H” restaurant operated by the victim G located in the area F of the Suwon-si, Suwon-si; (b) the Defendant opened the entrance of the said restaurant in which the victim completed his/her business and did not correct any cre in the said restaurant; and (c) intrudes into the said restaurant and intrudes into the said restaurant into the cafeteria, and takes a 50 Chapter 50,000 won in total of the cash owned by the victim, which is owned by the 50,000 won.

As a result, the theft was committed.

3. On August 17, 2017, the Defendant committed an attempted larceny of night structures at a “E” restaurant on or around August 17, 2017, and committed an attempted crime in a “E” restaurant operated by the victim D, as described in paragraph (1) around August 17, 2017, by intrusioning on the said restaurant, stolen money and valuables at hand, and on his hand, took the entrance door and windows at several times, but the entrance door and windows were corrected so that they could not be opened.

Thus, the defendant did not commit an attempted crime even though he tried to steal another's building by intrusioning upon it at night.

4. Around August 17, 2017, the Defendant: (a) committed an attempted larceny of night structures at a “I” restaurant; (b) around August 17, 2017, the Defendant came to a “I” restaurant operated by the Victim J in Suwon-si, Suwon-si, Suwon-si; (c) on the part of the victim J, who intruded into the said restaurant and stolen money and valuables; and (d) on the part of the Defendant, the Defendant sent the entrance of the said restaurant several times at hand.