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(영문) 제주지방법원 2019.08.22 2019고단1414

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

1. At night, at around 04:00 on July 7, 2019, the Defendant: (a) opened and intruded a glass window not corrected in the “D” restaurant operated by the victim C in Seopoposi-si B; and (b) stolen by means of having cash amounting to KRW 120,000,000, kept in the container located in the container.

In addition, the Defendant, as indicated in the attached list of crimes, stolen money and valuables worth KRW 306,500,000, by intrusioning on a structure that another person can receive at night at night, as shown in the attached list of crimes (i.e., revision of “E” every year as “F”).

2. On July 12, 2019, the Defendant attempted to larceny at night buildings, 03:27, the victim H in Seopopopo-si, by taking advantage of the slid door door door door, which was operated by the victim H in Seopo-si, and did not take corrective measures, and subsequently, attempted to steal cash which was in custody and opened and kept in the Kapo-si. However, the Defendant failed to discover cash, and did not commit an attempted crime.

Accordingly, the Defendant attempted to steal money by breaking another person's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, C, and F;

1. The application of Acts and subordinate statutes to a criminal investigation report (as to the grounds for seizure of wallets held by a suspect), reports on occurrence (thief), reports on site identification results, identification photographs, criminal investigation reports (as of July 9, 200), video CDs, criminal investigation reports (as of July 11, 200), investigation reports (as to the attachment of black stuffs submitted by the victim for an additional crime), investigation reports ( as of July 30, 200), investigation reports ( as of D business C telephone conversations), and criminal investigation reports (as to attachment of photo of a

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny at night), and Articles 330 (the points of larceny at night), 342, and 330 (the points of attempted larceny of a structure at night);

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is repeated by intrusion upon the structure at night.