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(영문) 전주지방법원남원지원 2020.12.01 2020고단175
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. From May 29, 2020 to 21:40 on the same day, the Defendant intruded into “D” in front of the victim C’s “D” managed by the victim C, which is located in the Namnam city, by thefting of the stored cash or passbook. On the book of the office, the Defendant stolen another’s property by impairing the two head of the Tong and two debit cards connected to the head of the Tong, which the victim opened to keep the public fund in the center of senior citizens, and one of the debit cards connected to the head of the Tong, and one of the debit cards connected to the head of the Tong, and 609,000 won, and by impairing the structure managed by others at night.

2. At around 21:51 on May 29, 2020, the Defendant intruded into the above building to steal the cash stored in the account, as described in paragraph (1), by using the stolen passbook as described in paragraph (1), and collected the stolen passbook (Account Number: H) as described in paragraph (1) from the cash withdrawal machine managed by the victim whose name is unknown, and then withdrawn KRW 600,000 in cash, and then stolen another’s property by impairing the structure managed by another person at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A photographic of a copy of a bankbook and a detailed statement of transactions;

1. Application of investigation reports (related to the verification of CCTV images in the G, in which a suspect withdraws money), investigation reports (related to the verification of CCTV images in the mobile line with the suspect and related to the verification of CCTV images in the vicinity of the place of occurrence

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

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. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) At each night building, intrusion on building, larceny (decision of type], and intrusion larceny (special scambling person) (special scambling person) and mitigation element for general property: The area of recommendation and recommendation shall be made in cases of intrusion upon any place other than indoor residential space;

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