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(영문) 춘천지방법원 강릉지원 2019.09.20 2019고단823

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 18, 2019, at around 01:36, the Defendant came to a D cafeteria operated by the victim C in the East Sea, and opened an inner window after the restaurant was not corrected, and entered the cafeteria, with approximately KRW 400,000 in cash owned by the victim under the management of the cafeteria at the cafeteria.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. [Report on internal investigation (verification of CCTVs, such as the site) - The images of the suspect's crime and photographs which capture the dynamics before and after the crime], the application of Acts and subordinate statutes of investigation report (verification of sunset time);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (the execution of imprisonment shall be suspended on condition of probation, in consideration of the fact that the defendant committed the crime in this case during the period of the same suspended execution, although the defendant was committed against the victim);

1. Probation under Article 62-2 of the Criminal Act;