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(영문) 수원지방법원 안양지원 2015.12.11 2015고단1149

야간건조물침입절도

Text

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

except that 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

[2015 Godan1149] On March 8, 2015, around 01:10, the Defendant entered the said restaurant through the windows opened in the “E” of the victim D operation of the victim located in the Guang-si, Gyeonggi-do, and went into the said restaurant, and then stolen the cash amounting to KRW 100,000,000 in the above credit cooperative located in the calculation unit.

[2015 Highest 1663]

1. At around 01:00 on May 7, 2015, the Defendant stolen one Samsung PC monitoring unit equivalent to 100,000 won at the market price owned by the victim H in the church office, which was in the church office, after intrusion into the Gridge located in the Gyeonggi-do king-si, Gyeonggi-do.

2. Around 03:00 on September 13, 2015, the Defendant stolen one PC monitoring unit equivalent to KRW 100,000 at the market price owned by the victim, which was in the church office, by intrusioning on the above church.

Summary of Evidence

[2015 Highest 1149]

1. Defendant's legal statement;

1. Written statements of D;

1. Report on investigation (specific suspect), fingerprinting identity of the thief (2015 high group 1663);

1. Defendant's legal statement;

1. Each police statement of H;

1. Report on internal investigation (specific investigation of the suspect);

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

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

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

1. On the grounds of the suspended sentence of Article 62(1) of the Criminal Act, Category 1 Crimes [Scope of Recommendation] 4 (Special Mitigation) (Type 4) (Type 4) (Type 4) (Special Mitigation) (Type 4) in the mitigated area (Type 4) (Type ) in general property outside the indoor residential space) in case of intrusion into the place outside the indoor residential space (the scope of Recommendation), types 4 (Type 4) in the special mitigation area (Class 4-1, and 6) in the special mitigation area (Class 4) (Class 4) in the special mitigation area (Class 4 to 1, and 6) in the event of intrusion into the place outside the indoor residential space (the scope of Recommendation), types 3 (Type 4) in the extraordinary mitigation area (Type 4 to 16) in the general property (Type 4) in the special mitigation area (Type 4) in the case of special mitigation area, and the final aggravated punishment according to the majority of crimes not punishable: August 2 to 9 (Type 4) in the same type of punishment due to the same type of crimes).