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(영문) 제주지방법원 2017.03.30 2017고단349
야간건조물침입절도등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

seizure.

Reasons

Punishment of the crime

On February 1, 2017, the Defendant was sentenced to imprisonment with prison labor for at least 8 months in the Jeju District Court for larceny of a structure intrusion at night, and the judgment became final and conclusive on February 9, 2017.

1. Special larceny;

A. At around 01:20 on February 10, 2017, the Defendant: “E convenience store” located in P, which was operated by the Victim C, cut and stolen, the Defendant: (a) 400,000 won in cash and the market value of the victim-owned cash, which were stored in the F, and then cut and stolen, with 2 “Madow 7,00,000,” which are the sum of KRW 9,000 in cash owned by the victim and the market value.

B. At around 03:00 on February 17, 2017, the Defendant: (a) cut and stolen the instant victim’s cash 32,000 won and the total market price of KRW 9,000, which were stored in the relevant credit cooperative, at the E convenience store; (b) destroyed and damaged the instant crowdfunding by means such as the preceding paragraph; and (c) invaded the inside; and (d) cut and stolen the said victim’s cash 32,000 won and the Plaintiff’s tobacco 2 A.

2. On February 4, 2017, around 04:00, the Defendant: (a) committed a theft of intrusion on a structure at night; (b) “H convenience store,” operated by the Victim G G in Jeju-si, by inserting the key hole of the entrance door by inserting the key, making use of the bags in the entrance door, and making an inner intrusion; and (c) committed a theft with cash of KRW 400,000,000, which is the cash owned by the victim and kept in the safe of the relevant fiscal year.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in C and G preparation;

1. Reports on each occurrence of a crime;

1. Each CCTV image photograph;

1. Seizure records;

1. Report on investigation (with regard to the contents of the statement of fingerprints of the National Police Agency);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the date of final release, confirmation of the date of final confirmation), and application of the text of the judgment;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense (the point of larceny in intrusion upon a structure at night);

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the latter part of Article 39(1) (the first part of Article 39(1) (the night structure intrusion larceny and the judgment becomes final and conclusive).

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