특수절도등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Criminal facts
[2017 Highest 4036]
1. Around July 21, 2017, at least 01:38, the Defendant: (a) confirmed the victim’s “E cafeteria” on the first floor of the Guro-gu Seoul Metropolitan Government building C, with no inside the said restaurant through the glass window; (b) destroyed and opened a locked window using the dracker prepared in advance and invaded into the said restaurant and stolen KRW 60,000,000 from July 19, 201 to the point of view; and (c) stolen KRW 90,000 in cash from the two damaged persons on two occasions, as indicated in the List (1) 6, and 7 attached hereto.
Accordingly, the Defendant stolen property by intrusion upon another person at night after destroying a part of the building at night.
2. On July 21, 2017, at around 01:58, the Defendant: (a) confirmed that there was no room inside the office “H real estate” office operated by the Victim G in Guro-gu Seoul, Guro-gu, Seoul; and (b) did not discover money and valuables to be stolen but did not occur; (c) attempted to steal another person’s property by destroying part of another person’s building on five occasions as indicated in the separate sheet (1), 2, 3, 5, and 8 from July 18, 2017 to July 21, 2017; and (d) failed to discover any money and valuables to be stolen or to be stolen, even though the Defendant attempted to commit the crime by destroying another person’s building on five occasions, including the statement in the separate sheet (1), 1, 2, 3, 5, and 5, and 8.
Accordingly, the Defendant attempted to steals property by intrusion upon another person's structure at night, but did not commit an attempted crime.
3. On July 21, 2017, the Defendant attempted to larceny at night buildings, and around 02:16, the Defendant confirmed that there was no room inside the pertinent childcare center in Guro-gu Seoul Metropolitan Government “J Child Care Center” located in Guro-gu, Guro-gu, Seoul, and tried to hold a locked window and to steal property by intrusion into the said childcare center.