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(영문) 부산지방법원 2018.09.19 2018고단3619
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. An attempted thief who intrudes on night buildings;

A. On July 28, 2018, at around 00:25, the Defendant followed the inside of the building in order to steal the construction section by walking the fences for access control in front of the new construction site of an officetel managed by the victim D, the victim D, located in Busan B, and destroying the fences to the inside of the new building. However, the Defendant failed to discover the construction section.

B. On July 28, 2018, around 02:00, the Defendant got in front of the new apartment construction site managed by the victim F, the victim F, the Busan B, and followed the inside of the building in order to steal the construction site by walking the pents for access control and intrusion into the inside of the newly constructed apartment site. However, the Defendant did not discover the construction section but failed to do so.

(c)

On July 28, 2018, around 03:10 on July 28, 2018, the Defendant got in front of the new construction site managed by the victim H of the victim H in Busan B, and followed the inside of the building in order to steal the construction site, and invaded the inside of the new building. However, the Defendant failed to discover the construction section, and failed to do so.

2. On July 28, 2018, the Defendant: (a) around 03:58, 201; (b) around 03:58, the Defendant: (c) committed theft of intrusion on a structure at night; (d) in front of the construction site of the KV, which was managed by the victim JJ of the victim JJ located in Busan B, the Defendant: (a) took a string of 700,000 won (makita) at the market price of the victim’s possession; and (b) took a theft with a string of 70,00

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, and H;

1. Written Statement;

1. Reporting on occurrence of a disaster;

1. Investigation report (additional crimes A by suspect A), on-site photographs, and application of CCTV-related Acts and subordinate statutes;

1. Articles 342, 330 (a violation of a structure at night) and 330 (a thief who intrudes into a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which reflects the reasons for sentencing of concurrent crimes, the fact that the damage has not been recovered, the amount of damage, the records of the same crime, and the dwelling are not specified.

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