(영문) 제주지방법원 2019.04.26 2019고단37

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Reasons

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줄 간격

자간(%)

(영문) 제주지방법원 2019.04.26 2019고단37

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

From December 21, 2018 to December 21, 2018, the Defendant: (a) from around 17:20 on December 21, 2018, at the outside of the area where C bank cash withdrawal machine was installed on the first floor of B B, the elderly and the elderly have stolen cash from the elderly who withdraws cash using cash withdrawal machine and waiting for the elderly to enter the said area.

On December 21, 2018, the Defendant: (a) around 18:11, 2018, the victim D (the age of 69) who is a old female victim entered the said zone; (b) opened a door to the said zone to steals cash from the victim; and (c) opened the door to the said zone; and (d) went back from the victim’s right behind the victim’s right time to withdraw cash; (b) then the victim got out of cash; and (c) collected 300,000 won in cash from the victim’s possession to the cash withdrawal machine; and (d) removed the 300,000 won in cash from the victim.

Accordingly, the defendant stolen the property owned by the victim by impairing the structure.

Around 18:20 on December 14, 2018, the Defendant: (a) opened a cash withdrawal zone of the F Bank located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon; (b) opened on the direction of the entrance to the area where the damage was caused by the drilling; (c) the victim G (V, 78 years of age) withdrawn 50,000 won in cash, and then cut off the hand from the back of the victim’s end to the cash withdrawal machine, thereby cutting down the sum of 220,000 won in cash owned by the victim.

Summary of Evidence

"2019 Highest 37"

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D, H and I;

1. CCTV images-faging photographs and internal investigation reports (verification of sunset hours and the ratio of the name of the crime), "2019, Organization87";

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on site photographs

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a 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 recommendations according to the sentencing criteria; and

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