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(영문) 대구지방법원 김천지원 2016.06.09 2016고단392

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. A thief: (a) around 04:00 on December 2, 2015, the Defendant: (b) entered the E convenience store for the victim’s D operation located in Guro-si, Seoul-si; (c) and (d) committed a theft by having a total of KRW 10,000 tobacco amounting to KRW 10,00 (10,000,000,000, in total, from around that time to April 1, 2016, the Defendant stolen the property at the market price of KRW 318,00,000, as shown in attached Table 1.

2. On February 2, 2016, the Defendant: (a) opened a vinyl door, which was not corrected by means of any cresh in the packaging horse in Gumi-si, U.S., in order to prevent any person from intrusion on a night structure; and (b) stolen it by putting it off with a total of KRW 20,000,000 from around that time until March 31, 2016, the Defendant stolen property at a total of KRW 135,00,000 in the market price by intrusion on a structure managed by another person at night three times in total, as shown in attached Table 2 of the List of Crimes, during the period from around February 31, 2016.

3. On March 1, 2016, the Defendant embezzled the property that he/she had, on his/her own initiative, embezzled without following necessary procedures, such as (i) the loss of a person who suffered damage to his/her name; (ii) the acquisition of about KRW 10,00 per page of a paper that he/she lost; and (iii) returning it to the owner; and (iv) the Defendant embezzled the property that he/she left the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to D, G, I, J, and K;

1. Each statement of L/D;

1. Police seizure records;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report (as to attachment of photographs of seized articles, as to the assessment of market value of damaged articles, as to attachment of photographs of damaged scene);

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention), Article 360 (1) of the Criminal Act (a thief by imprisonment), and Article 360 (1) of the Criminal Act (a thief by embezzlement of deserted articles in possession, and choice of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.