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(영문) 인천지방법원 2018.02.21 2016고단5173
야간건조물침입절도등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 5173"

1. On December 4, 2015, at least 03:30 on December 4, 2015, the Defendant: (a) invaded a “D” teaching institute located on the sixth floor of the Gyeyang-gu Incheon Building C through a window not locked in the lecture room of 604; and (b) stolen the Defendant with one Samsung 200,000, an amount equivalent to KRW 800,000, the market value of the victim E, owned by the victim, and one Samsung 15,000, an amount equivalent to KRW 50,000,000, at the victim F’s market value.

2. In 2016, the Defendant opened and intruded a door at a church where the name in Incheon Gyeyang-gu could not be known at the time of spring, and used the door to which the victim’s name was not the victim’s name, and cut off with one of the U.S. Samsung C&S 530 Nowon-gu, the market price, which was the victim’s name and not the victim’s name.

"2016 Highest 7640"

1. On October 18, 2016, around 13:20 on October 18, 2016, the Defendant invadedd a structure into the said church through the entrance, which was not locked, in mind that he stolen the property from the H church located in Gangseo-gu Seoul Metropolitan Government G.

2. The Defendant: (a) placed on the books of the 4th floor office of the above church at the time of the above day; (b) placed the victim’s instant H church, who owned the above H church, in a vinyl flock, and stolen Samsung No. 1,000,000 won of the market value.

Summary of Evidence

"2016 Highest 5173"

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Protocols of seizure (voluntary submission) and list of seizure "2016 order 7640";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the I;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 330 of the Criminal Act regarding the selection of punishment (the occupation of larceny at night), Article 319 (1) of the Criminal Act (the occupation of intrusion into a structure, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 and the choice of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The first-class crime for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation (the scope of recommendations) shall be the theft against general property.

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