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(영문) 창원지방법원 통영지원 2021.03.24 2020고단1243
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 4, 2020, the Defendant: (a) around 21:10 on August 4, 2020, the Defendant: (b) opened and opened an entrance that was not corrected by means of any cresh in the victim C management in Da high-gun branch located in Chungcheongnam-gun, Chungcheongnam-gun; (c) opened an entrance using the cresh that the victim left and was in front of the corrected office; (d) invaded into the office; and (e) opened one passbook in the name of the E head of the victim’s headquarters, an incorporated association for the management of the victims, which was kept in the west-gun branch.

Accordingly, the defendant invadedd a structure at night and stolen the property.

2. On August 4, 2020, at around 21:52, the Defendant discovered the fact that the account password was stated on the back of the stolen passbook, as described in paragraph (1), and attempted to steal the money deposited in the passbook. The Defendant entered the I 365 coper managed by the victim H in Gyeongsung-gun, Gyeongnam-gun, and collected the passbook under the name of C, which he acquired in cash withdrawal period, and withdrawn KRW 60,000 in total in cash owned by the victim by entering the account secret number as above.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (a copy of a bankbook damaged) and a copy of a bankbook attached thereto, a report on internal investigation (a person in charge of confirmation of damage E), a report on internal investigation (affixing on-site photographs), and photographs attached thereto, and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in larceny against a structure at night with heavier punishment)

1. Article 62(1) of the Criminal Act provides community service order under Article 62-2 and surveillance of protection under Article 62-2 of the Criminal Act (the following circumstances favorable to the reasons for sentencing).

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