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(영문) 수원지방법원 안산지원 2015.07.14 2015고단1161

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant, while living together with the victim C at the Victim C’s house located in Gyeonggi-do Si, committed theft with a view to theft of the property stored in the “E” Ma located in the same city where the victim was in office as the victim, who was in his/her possession at the victim C’s house in Gyeonggi-do.

On June 28, 2014, at around 04:30 on June 28, 2014, the Defendant, at the above victim C’s house, took advantage of the gaps locked by the victim C, thereby bringing the key to the victim’s ownership on the front line of the said house, which the victim C left on the front line of the said house, and the key to the market price under which the security key was connected.

2. At night, around 04:55 on June 28, 2014, the Defendant: (a) opened a gate using a stolen key and a security key, as described in paragraph (1), from the “E” point of the “E” point of the operation of the victim F of the victim F in Si-si, Gyeonggi-do; and (b) removed the stack; and (c) removed the security device, the Defendant carried KRW 7,50,000 in cash owned by the victim who was in the Kashter.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of CCTV analysis lists and investigation reports (verification of time from sunrise) Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation Punishment] 1 of the Probation and Social Service Order: On the grounds of sentencing in Article 62-2 of the Criminal Act: On the grounds of the theft in general property, the mitigated area ( August to January 16): Class 2 (General Larceny) of the mitigated area ( April to October) of the mitigated area (4 to October): The final sentencing scope due to the aggravation of multiple offenses: on the general property, the defendant himself.