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(영문) 제주지방법원 2019.07.22 2019고단370
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for night buildings, intrusion theft, etc. at Jeju District Court on July 23, 2015, and on July 22, 2016, the Defendant was sentenced to five months of imprisonment with prison labor at the 9th Military Court on July 30, 2016, and the said judgment became final and conclusive on July 30, 2016, and the sentence of suspension of the execution was invalidated. The Defendant was released on March 31, 2017 and passed on April 27, 2017.

From May 2018 to December 12, 2018, the Defendant is a person who had been employed in the “V” restaurant operated by the victim U in T and the first floor from May 2018 to December 2, 2018.

1. Night-time theft of buildings;

A. On December 14, 2018, at around 03:00 on December 14, 2018, the Defendant: (a) intruded into the instant restaurant through a main entrance and was placed in the calculation unit; and (b) stolen the cash amount of KRW 40,000 owned by the victim by taking out KRW 40,000.

B. Around 03:00 on December 25, 2018, the Defendant intruded into the above restaurant by the same method, and subsequently stolen KRW 40,000 in cash from the above safe.

C. On December 30, 2018, the Defendant intruded into the above restaurant by the same method, and stolen 40,000 won in cash from the above safe.

2. On January 1, 2019, the Defendant attempted to larceny at night buildings, 19:37: (a) intruded into the said restaurant through a main and rear simplified entrance, with an intention to steal money and valuables; and (b) attempted to steal cash owned by the victim at a safe located in the account room; (c) but (d) failed to commit an attempted theft with the wind that is not opened by a credit cooperative.

On July 23, 2015, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion theft, etc. at Jeju District Court on July 23, 2015, and on July 22, 2016, on July 22, 2016, the Defendant was sentenced to five months of imprisonment with prison labor at the 9th Military Court on July 30, 2016.

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