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(영문) 서울동부지방법원 2021.03.26 2020고단2975
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【2020 Highest 2975】

1. On August 27, 2020, around 23:25, the Defendant: (a) opened and intruded into a restaurant with “C” on the B1st floor in Gwangjin-gu, Seoul Special Metropolitan City; (b) opened and intruded into the restaurant; (c) one copy of the resident registration certificate owned by the victim E, which was kept in the bank, and one copy of the driver’s license, one copy of the driver’s license; and (d) one new card; and (e) one copy of the resident registration certificate owned by the victim E, which was kept in the Car Roster.

Accordingly, the defendant, at night, stolen the victims' property by impairing the structure managed by the victim D at night.

2. The Defendant damaged the property by cutting the electric wires connected to the scow flag that had been placed on the scooter by using bags at the above time, at the above time, and at the above place to take the said cash out, and then cutting the wires into the floor as they are, the Defendant d's market price was approximately KRW 2 million.

"200 Highest 3713"

3. On August 25, 2020, the Defendant attempted to larceny at night, at around 23:52, the Defendant did not commit an attempted crime, even before the victim G residing and operated by the Northwest-gu, Seocheon-gu, Seocheon-gu, in front of the window of “H” in which the victim G resided and operated. The Defendant did not commit an attempted crime, in order to remove the windows adjacent to the back of the above window of the window in mind, and to take the back of the back knife of the back knife of the knife, in mind that he intrudes the inside and steals the knife of the surrounding knife, and did not commit it with the wind to escape.

Summary of Evidence

【2020 Highest 2975】

1. Statement by the defendant in court;

1. Reporting internal investigation (verification of the scene of a crime) in the police statement protocol with D, and reporting internal investigation (related to the amount of damage to property) with D "20 order of 3713";

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes concerning CCTV images and photographs prepared in G;

1. Article 330 of the Criminal Act in relation to the crime and Article 330 of the choice of punishment (a thief who intrudes upon a structure at night), Article 366 of the Criminal Act (a point of damaging property, a choice of imprisonment with prison labor) and Article 342 of the Criminal Act.

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