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(영문) 춘천지방법원 원주지원 2017.02.02 2016고단1165

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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 October 29, 2016, the Defendant: (a) infringed upon a structure at night around KRW 03:03,00,000, in total nine times from that time until November 9, 2016; (b) went back to the “D” food operated by the victim C, which was located in B, with a window that was not corrected behind the building; and (c) infringed upon the inside of the building through a window that was not corrected behind the building; and (d) went back with cash of KRW 340,000,000, in total, from that time to November 9, 2016.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On November 10, 2016, the Defendant: (a) around 00:54, at night; (b) around around 00:54, the Defendant was trying to open a window that was not corrected behind the building to steal the victim’s cash, and to intrude into the building, such as the content indicated in paragraph (1) above; and (c) the Defendant was not aware of the police officers, who had been divingd around the mashed.

Accordingly, the defendant invadedd a structure at night and tried to steals the victim's property, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs and photographs;

1. A report on investigation (the details of arrest of the suspect);

1. Investigation report (the investigation of CCTV inside a D cafeteria), application of photographic Acts and subordinate statutes;

1. Relevant Articles 330 (a thief by intrusion on a structure at night), 342, and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

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 the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of each recommendation] of the punishment of each general property [the scope of each recommendation] where the area of special mitigation (from April to one year and six months) (the special mitigation person] intrudes into places other than the indoor residential space (the type (4) and the amount of punishment [the amount of multiple crimes].