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(영문) 창원지방법원 진주지원 2018.05.18 2018고단307

야간건조물침입절도등

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A defendant shall be punished by imprisonment for one year.

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.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On November 25, 2017, around 18:15, the Defendant infringed on a structure, and opened a door door, which was kept in the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and intruded on the structure managed by the victim.

B. From around 19:41 on the same day as the above paragraph (a), the Defendant: (a) committed theft against a structure at night; (b) committed theft with one set of string electric stoves equivalent to 79,000 won at the victim’s market price owned by the Defendant, which was kept in the stoves room by opening an entrance at the same place as indicated in the said paragraph; and (c) with one set of air air cleaners equivalent to KRW 358,000 at the victim’s market price kept in the stove storage room.

(c)

On November 26, 2017, at around 14:56, the Defendant: (b) stolen the building as above; and (c) intruded the building managed by the victim through the 1st floor door door, which was opened to the building, to possess the property of the victim who was hidden under the stairs of the fourth floor of the building above.

2. On December 10, 2017, the Defendant: (a) opened a first floor classroom room in Sacheon-si, G, which was not corrected in the “OO kindergarten” located in G on December 10, 2017; and (b) accessed inside the kindergarten by internal intrusion; and (c) cut off the victim F, the head of the kindergarten in the second floor building, who was in the kindergarten room, with one “16 sand disc disc disc 100 won.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph of each CCTV image to be cut;

1. Police seizure records;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, the selection of a punishment against a crime, Article 330 of the Criminal Act, and the selection of imprisonment for a crime;

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

1. Article 62 of the Criminal Act: