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(영문) 수원지방법원 2015.08.27 2015고단2890
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015 Highest 2890] On June 12, 2015, the Defendant intruded on the five-story rooftops of the victim D residing in Suwon-si, Suwon-si, Suwon-si, and brought it out with his hand, and stolen the 100,000 won of the market price, which is the victim's ownership.

[2015 Highest 3119]

1. From around 16:30 on June 20, 2015 to around 18:30 on the same day, the Defendant: (a) carried the water pipe at the market price of KRW 104,00,00, which is the market price owned by the victim who was kept in custody in the above room, by shouldering the water pipe’s repair hole F and H in the first floor; and (b) intruded into the water pipe at the victim G.

Accordingly, the defendant stolen the victim's property by damaging the victim's property and impairing the structure managed by the victim.

2. From around 16:30 on July 3, 2015 to around 18:00 on the same day, the Defendant: (a) sealed the wooden joint board installed by the victim G in order to see the damaged glass as described in paragraph (1); and (b) intruded into the said wooden joint board installed by the victim G to the extent that he/she was inside the said place; (c) brought about 94,000 won at the market price of the victim’s ownership, which was kept in custody.

Accordingly, the defendant invadedd the structure managed by the victim and stolen the victim's property.

Summary of Evidence

[2015 Highest 2890]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs (2015 ancient group 3119);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on the spot, damaged articles, and CCTV photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 330 of the Criminal Act (the point of larceny at night), Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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