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(영문) 인천지방법원 2020.05.21 2019고단7191
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 00:30 on May 2, 2019, the Defendant: (a) opened a cooling house operated by the victim C in Jung-gu Incheon Metropolitan City, and opened a door in which the victim’s own market price is 200,000 won or more; (b) opened 2 stuffs in an amount equivalent to the market price of 140,000 won or 140,000 won in the market price of the victim’s own possession; and (c) removed 4 stuffs from around that time to May 25, 2019 from around 01:21, 10 times in total by the following methods: (a) brought 3,66,000 won in freezing ships, etc. in total, as indicated in the list of crimes, and stolen the property owned by the victim by intrusioning on a structure at night.

To the extent that it does not infringe the defendant's right of defense, part of the facts charged was revised ex officio.

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. C’s statement;

1. Application of Acts and subordinate statutes to theft field photographs, investigation reports (on-siteCCTV verification investigation, etc., and hearing statements by victims);

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

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

1. It shall be judged as above in light of Article 62 (1) of the Criminal Act (the fact that a person commits an offense while recognizing the offense is divided, that person has no previous record of punishment exceeding the fine, that person has no record of punishment, and that person has agreed with the victim, etc.).

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