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(영문) 대전지방법원 2018.08.23 2018고단775

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment 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 found that the rear window next to the “D” restaurant operated by the victim C in B is not corrected, and tried to steal food by entering the above restaurant at night at which the business is completed.

1. On December 12, 2017, at around 22:34, the Defendant: (a) opened a next door and intruded into the said restaurant; and (b) stolen the Defendant’s property worth KRW 17,400 at the market price, such as the victim’s 4 Byung, Macju 4 Byung, Macju 4 Byung, Macju 6, and 1 wing lot.

2. On December 17, 2017, at around 22:18, the Defendant: (a) opened a next door door and intruded into the said restaurant; and (b) stolen the Plaintiff’s ownership with property equivalent to KRW 14,400 at the market price, such as the victim’s 4 Byung, Macju 4 Byung, and 14,00.

3. On December 22, 2017, at around 23:00, the Defendant: (a) opened a next door door and intruded into the said restaurant; and (b) stolen the Plaintiff’s ownership with the property equivalent to KRW 17,400 at the market price, such as the victim’s 4 sick, beer 4 sick, 4 sick, and 1 locker; and (c) 17,400.

4. On December 26, 2017, at around 22:14, the Defendant: (a) opened a next door door and intruded into the said restaurant; and (b) stolen the Plaintiff’s ownership with property equivalent to KRW 14,400 at the market price, such as the victim’s 4 sick, beer 4 sick, and map 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A report on the arrest of the incident, CCTV photographs and written appraisal;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 330 of the Criminal Act concerning the crime;

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. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommended punishment] : (a) mitigated area (from August to January 6) of the mitigation area (the special mitigated person’s livelihood) / [the decision of sentence] of the mitigated person’s livelihood] ; (b) there is no history of crime; and (c) thefts are alcoholic beverages and foodstuffs.