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(영문) 창원지방법원 2018.11.14 2018고단2635
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On September 23, 2018, at around 03:40 on September 23, 2018, the Defendant, within the “E” restaurant operated by the victim D in Kimhae-si, he intruded with a main visit opened using any cresh in which he had the intent to steals cash, carried out business, and stolen the said restaurant c0,000 won.

B. On September 23, 2018, at around 03:50 on September 23, 2018, the Defendant: (a) removed windows and shock networks by hand using a cresh in the H restaurant operated by Kimhae-si F victim G; (b) removed the windows and shock networks in his/her hand, and intruded inside the said restaurant; and (c) stolen cash of KRW 300,000,000, contained in the Kabter’s safe.

(c)

On September 23, 2018, at around 04:05, the Defendant intruded into a "K" restaurant operated by the victim J of the victim Kimhae-si I, with an intention to steal cash, and with an influenced by an influent storage, and then 90,000 won in cash, which was entered in the above restaurant Kacter credit cooperative.

2. On September 23, 2018, the Defendant attempted to larceny at night buildings: (a) intruded into a “N” restaurant operated by Kimhae L Victim M on September 23, 2018; (b) a warehouse door in which he had a cresh using any cresh in which he had a mind to steal cash; and (c) was discovered to the victim while intending to open a simple restaurant and to take things, and (d) did not steal the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of laws and regulations on police statements made to D and J

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act, including the observation of and order to attend lectures, is the basic aggravation of the classification of types.

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