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(영문) 청주지방법원 2018.11.01 2018고단2159
야간건조물침입절도등
Text

A person shall be punished by imprisonment with prison labor for not less than six months for a crime No. 2 or 3 of the judgment of the defendant

The crime No. 1 of the judgment against the defendant.

Reasons

Punishment of the crime

[criminal history] On March 22, 2018, the Defendant was sentenced to a suspended sentence of two years on March 30, 2018 by imprisonment with prison labor for night intrusion larceny, larceny, etc. at the Cheongju District Court, and the judgment became final and conclusive on March 30, 2018 and is still under suspended sentence.

[Criminal facts]

1. On March 2017, the Defendant: (a) committed a theft on March 2017, at the workplace prior to the “D” office of the victim C’s operation in Chungcheongbuk-B; (b) committed a theft with KRW 4 million worth at the fishing market price owned by the victim; and (c) committed a theft.

2. On August 24, 2018, the Defendant: (a) committed a theft (thief) around August 24, 2018, on the street in front of the “F” located in Chungcheongbuk E on August 19:30, 2018; (b) committed a theft of the victim G’s bicycle that was installed without locking devices, leading the victim’s market defect.

3. On August 24, 2018, the Defendant committing a crime (offtime theft of a structure intrusion at night) around August 24, 2018, on around 19:40 around August 24, 2018;

1. In the “D” office, a victim C’s computer owned by the victim C, which opened a door with no lock device, and intrudes into the office, and then stolen the victim C’s computer with the market price equivalent to KRW 3.5 million, such as the victim’s body, monitor, kid, kid, sp, spacker, 2 cap, e-mail, 6 Twitts, 1 half-brus.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and G;

1. Protocols of seizure;

1. Reports on internal investigation (with respect to seized articles), investigation reports (verification of sunset hours involved), investigation reports (Attachment to photographs taken before and after the office at the site of theft);

1. One copy of the search site and the photograph of the seized articles, on-site photograph, CCTV screen photograph, photo of the D office, and one copy of each map;

1. A copy of output on the website of the Korea astronomical Research Institute;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification during the latest period of punishment for larceny of the same kind as the suspect) by statutes;

1. Articles 329 (Accination of intention) of the Criminal Act, 330, 329 (Accination of chips at night) of the Criminal Act and choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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