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(영문) 수원지방법원 2017.01.11 2016고단234

야간건조물침입절도등

Text

The defendant shall be punished by imprisonment with prison labor for each crime listed in the annexed list 1 to 5 of the crimes committed by the defendant.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for larceny against a structure at night at the Suwon District Court on April 22, 2015, and the judgment became final and conclusive around November 12, 2015.

On April 17, 2014, from around 21:15 to around 13:15 on April 18, 2015, the Defendant opened and intrudeed a door of “F” painting E and on the third floor of the same month, and used a digital camera with the amount of KRW 1.8 million equivalent to the market price of the victim G located in the said office, and 550,000 won in cash.

In addition, from around that time to December 24, 2015, the Defendant intruded into a building on a total of eight occasions, such as the list Nos. 1 to 5, 7, and 9 of the daily list of crimes in attached Table 1 to 2015, and stolen the total amount of KRW 32,514,000, which is the market value of the victims, and stolen the property at night as indicated in the list No. 6 of the daily list of crimes in attached Form 2, around November 25, 2015, and stolen the amount of KRW 4 million, which is the victim’s possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each statement in each police statement made against H, I, J, K, L, M, and G;

1. Each statement prepared by N,O, P, and Q;

1. Each description of an urgent arrest letter and a warrant for search, seizure and inspection;

1. Each protocol of seizure and the list of seizure (the page, No. 94, 95, 99, 100, 406, 407 of the investigation records);

1. Each image of CCTV images and the back images of a health flag;

1. A description of the investigation report (verification during sunrise);

1. Previous convictions: Application of Acts and subordinate statutes written in response to criminal history, investigation reports (the confirmation of criminal records of the same kind as the suspect and the period of suspension of execution), text of the judgment and summary order;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment), Article 329 of the Criminal Act (a point of intent, choice of imprisonment), Article 330 of the Criminal Act (a point of larceny of intrusion on a structure at night);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.