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(영문) 전주지방법원 군산지원 2020.03.11 2019고단1543
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 2:57, 2019, the Defendant entered the victim C’s cellular phone agents located in YAB into the entrance door in a broken condition, and then stolen one cell phone unit in the victim’s management market price of KRW 286,000 on the above agency’s book (SM-A205S) from the gallon road of KRW 4 (SM-A205S) mobile phone at the victim’s management market price in the above agency’s book, and intruded into the same method in the same place at around 3:32, and then entered into the above agency’s book at gallon road of KRW 297,000 in the market price of KRW 297,00 on the above agency’s book (SM-T378).

Accordingly, the Defendant committed a theft of another's property by entering a structure at night over a total of twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. Application of the Acts and subordinate statutes on internal investigation reports, related photographs, damaged photographs, and CCTV-cap photographs;

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

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

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution is one-time fine for larceny and three-time suspension of indictment on the thief, in consideration of the fact that the crime is committed, the fact that the crime is against the victim, the fact that the victim has agreed smoothly with the victim, the health condition of the defendant, age, character and conduct, family environment, etc.

1. Probation under Article 62-2 of the Criminal Act;

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