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(영문) 대구지방법원 포항지원 2019.09.04 2019고단747
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four 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

From May 10, 2015 to January 11, 2019, the Defendant left the said “D” store operated by the victim C in the north-gu North Korean Port from around 10, 2015 to the point that he left the store and was well aware of the circumstances, such as the structure of the said “D” store, and the time of the closure of the business thereof, and used the well-known knowledge of the circumstances, thereby cutting down the goods necessary for the business into the said “D” store and cutting off the goods necessary for the business.

1. On May 13, 2019, the Defendant committed the crime of May 13, 2019, committed the instant “D” building around May 21, 2019, and infringed upon the D store through the corridor entrance that was not corrected by any cresh after the completion of the business, and then stolen food materials, such as milk, etc., equivalent to KRW 59,165, at the market price of the victim’s possession, which was kept in custody.

2. On May 20, 2019, the Defendant invadedd the places under the above paragraph (1) in the same manner as that of the above paragraph (1) at around May 20, 2019, and stolen food materials, such as milk of an amount equivalent to 52,060 won, which were owned by the victim.

3. On May 24, 2019, the Defendant invadedd the places under the above paragraph (1) in the same manner as the above paragraph (1) at around May 24, 2019, and stolen food materials, such as milk of an amount equivalent to KRW 122,396, at the market price of the victim’s possession, which was kept there.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to a report on internal investigation (the statement by the victim's telephone), report on internal investigation (related to the specification of the amount of damage), internal investigation report (Attachment to photographs), internal investigation report (Attachment to CCTV images at a studio), investigation report (a video analysis of CCTV at a studio and attachment to CDs), investigation report (specific relation to the amount of damage);

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] general property.

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