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(영문) 창원지방법원 통영지원 2019.07.04 2019고단506
야간건조물침입절도등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2019, the Defendant: (a) around 03:56 on April 7, 2019, the Defendant: (b) opened an open door and intruded into the Dcafeteria operated by the victim C; and (c) cut off food materials equivalent to KRW 150,000,000 in total market value, including the cathos owned by the victim C and the cats in the air conditioners; and (d) cut off them.

Accordingly, the Defendant stolen cash, food materials, etc. worth KRW 1,480,000,00 from around the night to May 14, 2019, including the theft of another person’s property by intrusioning on a structure at night.

2. A Defendant who attempted to larceny at night buildings: (a) around 03:40 on April 14, 2019, when she opened an open back door and intrudes inside a restaurant; and (b) attempted to steals property; (c) but did not bring about such intent on the wind discovered by the victim.

Accordingly, the defendant invadedd a structure at night and attempted to steals another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Each photograph;

1. 112 reported case handling table;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case, which stolen property through repeated intrusion upon another person's structure at night during the period of sentencing in Article 62-2 of the Probation Criminal Act, is not easy, but the degree of damage caused by theft does not seem to be significant. The defendant agreed smoothly with the victims, the primary offender who has no criminal history, the time of and reflects the crime, and the defendant's age, character, conduct and behavior.

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