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(영문) 전주지방법원 정읍지원 2013.09.17 2013고단192

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2013 Highest 192]

1. On March 23, 2013, the Defendant: (a) 23:30 on March 23, 2013, the Defendant: (b) diversed, using the divers (10cm in length) set up the locker’s divers, which was prepared in advance, with the victim F of the D Market D Market D Market E, which was located in Jeong-Eup, and 1.7 million won in cash in the bank owned by the victim, and stolen the locker’s divers under his/her book.

2. At around 01:30 on March 28, 2013, the Defendant: (a) committed a theft with a 1.8 million won in cash in the bank owned by the victim, coming into the locker (10cm in length) as corrected by using the Raber (10cm in length) that was prepared in advance at the top of the task operated by the victim H of the above D market G; and (b) intruded into the locker with a set of 1.8 million won in cash in the bank owned by the victim.

[2013dan455] Around 23:20 on March 23, 2013, the Defendant: (a) committed a theft with four million won in cash in the bank owned by the victim himself/herself; (b) he/she laid down the locks as corrected with the dracker (10 cent meter in length) prepared in advance by the victim JJ of the D market D&C No. 1 in order to spread down the locks and intrude into the inner area; and (c) he/she was in the bank owned by the victim.

Summary of Evidence

[2013 Highest 192]

1. Defendant's legal statement;

1. Each statement of F and H prepared;

1. On-site photographs;

1. Records of seizure and the list of seizure [2013, group 455];

1. Partial statement of the defendant;

1. Written statements prepared by the J;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that partial commission of a crime is recognized, victim F and H

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Article 48 (1) of the Criminal Act of confiscation;