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(영문) 청주지방법원 충주지원 2016.07.08 2016고단261

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On September 26, 2014, the Defendant was sentenced to two years of imprisonment by the Seoul Eastern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). The period of parole on October 28, 2015 during the execution of the sentence was expired on March 6, 2016.

[Criminal facts]

1. The Defendant, at around 02:00 to 03:00 on December 2015, at around 02:0, at the “E” restaurant operated by the victim D in Chungcheong City, at around 00, the Defendant: (a) intruded the racker by placing the rack in the entrance; and (b) carried 2,00,000 the market price of the victim’s ownership in the vicinity of the rackter, which was in the vicinity of the racker.

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

2. On March 29, 2016, at around 02:40, the Defendant opened and intrudeed “G” offices located in F in Chungcheong City, and then opened a ice return to the Defendant’s depository located therein, and used the Defendant’s H cash owned by the victim H and KRW 1.376,000,000 in cash owned by the victim I and KRW 50,000,000 in cash owned by the victim I.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each statement in H, I, and D;

1. The investigation report (the investigation to confirm the moving routes of the suspect);

1. Report of investigation (specific suspect);

1. Investigation report (to attach photographs of clothes worn by a suspect when committing a crime), clothes and photographs of the suspect;

1. Investigation report (Analysis of CCTVs in the KPC), details of the use of the KPC by each suspect, investigation report (Investigation of CCTVs in the KPC), CCTV photographs from the KPC room;

1. Investigation report (Investigation of monetary details) and detailed statement of currency;

1. Investigation report (criminal investigation after committing the crime), investigation report (Attachment A to the moving dong of the person under investigation on March 29, 2016), and investigation of the suspect A's moving route;

1. All on-site photographs;

1. Each protocol of seizure and each photograph of seized articles;

1. Previous convictions in judgment: Criminal history;