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(영문) 수원지방법원 성남지원 2016.11.23 2016고단2379

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

However, 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. On May 5, 2016, the Defendant: (a) around 04:09 on May 5, 2016, the Defendant: (b) opened a window not corrected in the “E” restaurant operated by the victim D (the age of 63) located in the Subdivision-gu Seoul Metropolitan City, Sungnam-si; (c) intruded into the restaurant; and (d) stolen another’s property equivalent to KRW 3,409,000 in total market value by intrusion upon another’s structure, etc. over a total of 11 occasions, such as the list of crimes in the attached Table.

2. On May 5, 2016, at around 04:25, the Defendant: (a) cut off a thief on the street 447 at the port of Sungnam-si, Sungnam-si, which was not corrected to have the victim’s name in mind; and (b) on the street, he was not corrected to have his name in mind.

3. Attempted special larceny.

A. At around 01:00 on May 5, 2016, the Defendant tried to open and intrude a window not corrected in the 'G' restaurant located in 'G in 'G' located in Y in Seongbuk-gu, Sungnam-gu, Seoul, Seoul, but failed to complete an attempted crime prevention window on the inside of the window.

B. At around 03:00 on May 5, 2016, the Defendant attempted to intrude into the window shielding net, which was corrected at “I” restaurant located in “I” Ha in Sungnam-gu, Sungnam-gu, Sungnam-si, by using stone with a stone, but failed to realize the intent because the window was not opened.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D, J, K, L, M, N, andO;

1. Each agreement with each CCTV closure photograph, appraisal report, investigation report (CCTV, etc.) and each agreement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Articles 330, 329, 331(1), and 342 of the Criminal Act concerning criminal facts; the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the agreement with the victims of the loan and the first crime);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;