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(영문) 인천지방법원 2021.02.26 2020고정1708

건조물침입등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 3, 2019, the Defendant committed a crime around 12:50 on August 3, 2019, in front of the “singing out” operated by the Victim C in Bupyeong-gu Incheon, Incheon, the Defendant entered the entrance door password, which was known in advance, to steal money, and cancelled the corrective device, and entered the device, and intrudes on the building, and 20,000 won of cash, which was the victim’s possession, at the saving depository in that place.

2. On August 21, 2019, the Defendant committed the crime: (a) entered the places indicated in paragraph (1) at around 15:10 on August 21, 2019, into the “singing box” in the same manner as that indicated in paragraph (1); (b) intruded into the structure; and (c) stolen the cash, which was the cash owned by the victim and was in a credit cooperative for the settlement of accounts, with KRW 20,000.

3. On August 31, 2019, the Defendant, on August 31, 201, entered the places indicated in paragraph (1) around 16:30 on August 31, 2019, into the “singing box” in the same manner as described in paragraph (1), and attempted to steal cash owned by the victim who was in a credit cooperative for calculating the place. However, the Defendant attempted to steal cash, which was the victim’s possession, but was an attempted wind that was discovered to employees.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes to cover the CCTV image data of the police statement in relation to C, and to cover the details of A and the damaged Kakao Stockholm conversation in relation to C, respectively;

1. Relevant provisions of the Criminal Act and Article 319(1) of the Criminal Act (a) (a point of intrusion on buildings), Article 329 of the Criminal Act (a point of larceny), Articles 342 and 329 of the Criminal Act (a point of larceny), and the choice of fines for the crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;