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(영문) 제주지방법원 2019.02.01 2018고단2943
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On September 26, 2016, the Defendant, around 00:50 on September 26, 2016, on September 26, 2016,: (a) around 00:50 on September 26, 2016, the Defendant invaded the money and valuables in the temple into one floor below the temple’s seat in order to steals money and valuables within the temple; and (b) stolen the money and valuables with a total of KRW 6,00,000, which is the cash owned by the victim under the seat of the counseling room and the seat of the train room.

2. On October 3, 2016, around 00:00 on October 3, 2016, the Defendant, who committed the crime, stolen money and valuables in the inspection with KRW 20,00,00, which was the cash owned by the victim who intruded into the first floor of the inspection, in order to steals money and valuables in the inspection into the victim’s association, which was widely known, and stored on the box of the inspection.

3. On December 10, 2018, around 00:30 on December 10, 2018, the Defendant intruded into the first floor of the temple underground floor to steals money and valuables in the temple, which had been kept under the supervision of the counselor’s room, to steals the money and valuables within the temple, and had a cash under the supervision of the counselor’s room. On the other hand, the Defendant, having intruded into the first floor of the wall and carried out a theft of the cash and tobacco on the table of the victim’s own, with a total of KRW 1,162,00 and a tobacco per minute, which was owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Records of seizure and the list of seizure;

1. The application of CCTV images to photographs and other related Acts and subordinate statutes;

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

1. Of concurrent crimes, the punishment as ordered shall be determined in consideration of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and the following circumstances:

The favorable circumstances: The facts that all crimes are recognized and against the victim, and the circumstances that the victim does not want the punishment of the defendant under the agreement with the victim can be punished for larceny. In particular, even though the probation period as of the date of the sentence of this case is attempted, the defendant has suspended the execution of imprisonment with prison labor by night building intrusion larceny around March 2015.

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