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(영문) 창원지방법원 마산지원 2015.08.25 2015고단575

야간건조물침입절도

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who was working as a gas station at the D station in the operation of the victim C in Hanam-gun, Chungcheongnam-gun, and was willing to steals cash by intrusion into the D station at night in order to raise living expenses.

On November 20, 2014, at around 02:21, 201, the Defendant intruded into a cresh that does not have surveillance over the surrounding area, and carried 400,000 won in cash at a small-sized credit cooperative located there, and continued intrusion into an office, and carried 2.5 million won in cash at the credit cooperative located there.

Accordingly, the Defendant violated the victim's above oil station at night, thereby cutting down cash of KRW 2.9 million owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Suspension of execution: Taking into account the fact that the errors in sentencing under Article 62 (1) of the Criminal Act are divided, that there is no same record, and that there is an agreement with the victim; and