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(영문) 광주지방법원 2013.05.09 2013고단1498
야간건조물침입절도등
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

1. On February 26, 2013, the Defendant: (a) around 05:53 on February 26, 2013, the victim C was in a “D” restaurant operated by Gwangju Northern-gu, Gwangju Northern-gu; (b) the victim was aware of the fact that the victim would have to keep the entrance by mail when the business is completed; (c) the Defendant opened a entrance by using keys in the said mail storage box; and (d) carried 97,000 won in cash inside the depository located on the said restaurant; and (d) went back to the said restaurant.

Accordingly, the defendant stolen the victim's property by intrusion upon the structure that people receive at night.

2. On March 16, 2013, at around 07:07, the Defendant sought to enter the said restaurant in the same manner as the foregoing 1. Paragraph 1., but there was no key to keeping the mail. However, the Defendant, who was not a key to keeping the door by means of the said restaurant, carried out several lockeds of the entrance door, which was locked up and then damaged the corrective device of the city unlocked in the market area owned by the victim, and carried out 79,000 won in cash within the depository located on the said restaurant, and carried out 79,000 won in cash.

Accordingly, the defendant damaged the victim's property and infringed on the structure managed by the victim, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the C Statement;

1. Statement of an investigation report (explosive from sunrise and confirmation of sunset time);

1. Application of Acts and subordinate statutes to CCTV recording data;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for a crime, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, the choice of punishment for a crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (including favorable circumstances among the reasons for sentencing below) is due to the larceny committed two times in advance.

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