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(영문) 청주지방법원 2020.09.08 2020고단1257

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 became final and conclusive.

Reasons

Punishment of the crime

1. On June 23, 2020, the Defendant: (a) on June 23, 2020, Cheongju-si Cheongju-si Cheongju-si, opened a main window that was not corrected and intrudes into a restaurant; and (b) opened a credit cooperative located in a cafeteria and tried to steal property by opening it, but was in the main room, but did not open, and then stolen the property with cash equivalent to KRW 76,00,000 owned by the victim and kept there at the next place.

2. On June 23, 2020, around 23:18, the Defendant attempted to larceny a structure at night, and the Defendant attempted to steal the victim’s food and drink owned by the victim E, which was operated by the Cheongju-si Cheongju-si Cheongju-si, and confirmed the opening and leaving out of the door, and intruded into the packing horse, and attempted to steal the victim’s food and drink, etc., but failed to discover it.

Summary of Evidence

1. The police suspect interrogation protocol on the defendant's partial statement;

1. Each written statement in C and E;

1. Application of Acts and subordinate statutes to the scene of crime (Evidence No. 3), police seizure records, and photographs of seized articles;

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

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

1. The Defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, committed each of the instant crimes even though he/she had been punished several times for the same kind of crime.

On the other hand, the economic damage caused by each of the crimes in this case is relatively heavy, and the defendant is living in custody and is living in good faith in the future.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in pleadings, such as the age, character and conduct, environment, and motive of crime of the defendant.