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(영문) 청주지방법원 2016.02.16 2015고단2241
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

1. On November 27, 2015, the Defendant: (a) attempted to larceny at night buildings; (b) around 01:00 on November 27, 2015, the Defendant invadedd the victim D’s “E” cafeteria operated by Cheongju-si, Cheongju-si; (c) invaded into the said restaurant; and (d) invaded into the said restaurant with cash amounting to KRW 13,000 and KRW 319,000 in the market price of smartphones located on the table; and (d) attempted to steal the victim’s property to be stolen over five nights, as indicated in the attached Table of Crimes, during the period from around 01:00 to around 00, December 20, 2015; and (c) attempted to steal the victim’s property to have been stolen, and then, to have the victim invaded the victim’s property over an extended amount of KRW 453,000,00,000.

2. On December 21, 2015, the Defendant infringed upon the residence of the victim by opening a entrance by using the key concealed on the corridor gas measuring instrument, and by December 25, 2015, the victim was living until December 25, 2015, for himself/herself, from around 20:00 to around 301, H lending owned by the victim G, an abandoned house located in the Cheongdong-gu, Cheongju-gu, Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Each statement in the preparation of I, D, and J;

1. Application of field photographs, investigation reports (investigation of victims), ctv course photographs, and Acts and subordinate statutes;

1. Article 330 of the Criminal Act, Article 342 of the Criminal Act, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 of the Criminal Act, as to the facts constituting an offense;

1. Selection of imprisonment with prison labor for the crime of intrusion upon residence;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Basic crimes and respective concurrent crimes: thief crimes, theft against general property;

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