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(영문) 인천지방법원 부천지원 2016.10.25 2016고단2124
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

1. On August 4, 2016, around 22:27, 2016, the Defendant: (a) invaded the victim C with night structure; (b) obstructed the victim C by passing through the entrance door and stairs on the side of the parking lot; and (c) intruded the victim C with the method of gathering the body in a narrow gap between the steel door and the ceiling.

After that, the Defendant cut 20,000 won in cash in the West, which he had left, and removed the CCTV body set up below the Kabter from the Kabter, using one pre-owned Rober, and then opened the Kabnet under the inside and outside of the Kabter by using one of the keys inside the Kabter, and continued to collect 200,000 won in cash in the Kabnet, using other keyss set up in the Kabter, and continued to collect 220,000 won in cash in the Kabter.

As a result, the Defendant committed theft with a total of 440,000 won in cash owned by the victim and a total of 400,000 won in the market price.

2. Around 22:00 on August 12, 2016, the Defendant: (a) invadedd the victim F’s night structure with a view to the second floor underground of the Jongno-gu Seoul Metropolitan Government G Building; (b) went into a man’s room; (c) opened a lock-out room No. 82 of the escape room using the dracker in advance; and (d) cut 150,000 won in cash from the victim’s wall to the victim’s lock-up.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes to photograph by cutting down each CCTV course;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

(a) Class 1 crime [the scope of recommendations].

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